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Monday 15 October 2018
Four Men and Seven Companies Indicted for Billion-Dollar Telemedicine Fraud Conspiracy, Telemedicine Company and CEO Plead Guilty in Two Fraud SchemesRead the Press Release
GREENEVILLE, Tenn.– On October 12, 2018, the District Court for the Eastern District of Tennessee unsealed a 32-count indictment charging four individuals and seven companies in a $1 billion health care fraud scheme. The court also unsealed an additional two plea agreements and an information charging another individual and his company for their role in the scheme.
Andrew Assad, 33, of Palm Harbor, Florida, Peter Bolos, 41, of Lutz, Florida, and Michael Palso, 44, of Odessa, Florida, were indicted along with their compounding pharmacies, Synergy Pharmacy Services, located in Palm Harbor, and Precision Pharmacy Management, located in Clearwater. Co-conspirator Larry Everett Smith, 48, of Pinellas Park, Florida, also a pharmacy compounder, and his companies Tanith Enterprises, ULD Wholesale Group, Alpha-Omega Pharmacy, all located in Clearwater, Germaine Pharmacy located in Tampa, Florida, and Zoetic Pharmacy located in Houston, Texas, were all also named as defendants. All the defendants were charged with conspiracy to commit health care fraud, mail fraud, and introducing misbranded drugs into interstate commerce.
On September 26, 2018, HealthRight LLC, a telemedicine company with locations in Pennsylvania and Florida, and Scott Roix, 52, of Seminole, Florida, and the CEO of HealthRight, pleaded guilty to felony conspiracy for their roles in the telemedicine health care fraud scheme in a criminal information. Roix and HealthRight LLC, also pleaded guilty to conspiring to commit wire fraud in a separate scheme for fraudulently telemarketing dietary supplements, skin creams, and testosterone.
The indictment alleges that from June 1, 2015 through April 1, 2018, these individuals and companies, together with other persons and companies known to the grand jury, conspired to deceive tens of thousands of patients and more than 100 doctors located in the Eastern District of Tennessee and across the country for the purpose of defrauding private health care benefit programs such as Blue Cross Blue Shield of Tennessee out of approximately $174,000,000. The indictment further alleges that the defendants submitted not less than $931,000,000 in fraudulent claims for payment.
According to the indictment, the defendants set up an elaborate telemedicine scheme in which HealthRight fraudulently solicited insurance coverage information and prescriptions from consumers across the country for prescription pain creams and other similar products. The indictment states that doctors approved the prescriptions without knowing that the defendants were massively marking up the prices of the invalidly prescribed drugs, which the defendants then billed to private insurance carriers.
Assad, Bolos, Palso, and Smith appeared in court on October 11, 2018 before U.S. Magistrate Judge Anthony E. Porcelli in the U.S. District Court for the Middle District of Florida. All four individual defendants were released on bond and are scheduled for an initial appearance and arraignment in the U.S. District Court in the Eastern District of Tennessee before U.S. Magistrate Judge Clifton Corker on October 25, 2018.
If convicted, Assad, Bolos, Palso, and Smith face a term of up to 20 years in prison as to each mail fraud charge, up to 10 years in prison for the conspiracy, and up to three years in prison for introducing misbranded drugs into interstate commerce. Additionally, they face fines of up to $250,000 and up to three years of supervised release as to each count. The companies face fines of up to twice the gross loss sustained as a result of the conspiracy. The indictment also seeks forfeiture of approximately $154,000,000.
In addition to their roles in the health care fraud conspiracy, the Information filed against Roix and HealthRight charged each of them with conspiring to commit wire fraud as part of a scheme to use HealthRight’s telemarketing facilities to fraudulently sell millions of dollars’ worth of products such as weight loss pills, skin creams, and testosterone supplements through concocted claims of efficacy and intentionally deficient customer service designed to stall consumer complaints.
Roix and HealthRight pleaded guilty before U.S. District Judge J. Ronnie Greer of the Eastern District of Tennessee. Roix faces a statutory maximum sentence of 5 years of imprisonment for each conspiracy. The Court set sentencing for February 13, 2019.
The investigation was coordinated by Assistant U.S. Attorneys T.J. Harker, David Gunn, and Anne-Marie Svolto of the U.S. Attorney’s Office for the Eastern District of Tennessee, and Trial Attorney John Claud for the Department’s Consumer Protection Branch. Assistant U.S. Attorneys T.J. Harker and David Gunn will prosecute the telemedicine conspiracy for the U.S. Attorney's Office for the Eastern District of Tennessee. Trial Attorney John Claud will represent the Department's Consumer Protection Branch in court proceedings.
The investigation was conducted by the Nashville, Tennessee, office of the U.S. Department of Health & Human Services Office of Inspector General; Nashville, Tennessee, office of the Food and Drug Administration Office of Criminal Investigations; Buffalo, New York, office of the U.S. Postal Service, Office of Inspector General; Knoxville and Johnson City, Tennessee, offices of the Federal Bureau of Investigation; Atlanta, Georgia, Office of Personnel Management Office of the Inspector General; and Tampa, Florida, office of Homeland Security Investigations. The U.S. Marshals Service also assisted in the investigation and the forfeiture of assets.
Members of the public are reminded that an indictment constitutes only charges and that every person or company is presumed innocent until guilt has been proven beyond a reasonable doubt.
For more information about the U.S. Attorney’s Office for the Eastern District of Tennessee, visit its website at https://www.justice.gov/usao-edtn. Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
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Four Men and Seven Companies Indicted for Billion-Dollar Telemedicine Fraud Conspiracy, Telemedicine Company and CEO Plead Guilty in Two Fraud SchemesRead the Press Release
On October 12, 2018, the District Court for the Eastern District of Tennessee unsealed a 32-count indictment charging four individuals and seven companies in a $1 billion health care fraud scheme. The court also unsealed an additional two plea agreements and an information charging another individual and his company for their role in the scheme.
Andrew Assad, 33, of Palm Harbor, Florida, Peter Bolos, 41, of Lutz, Florida, and Michael Palso, 44, of Odessa, Florida, were indicted along with their compounding pharmacies, Synergy Pharmacy Services, located in Palm Harbor, and Precision Pharmacy Management, located in Clearwater. Co-conspirator Larry Everett Smith, 48, of Pinellas Park, Florida, also a pharmacy compounder, and his companies Tanith Enterprises, ULD Wholesale Group, Alpha-Omega Pharmacy, all located in Clearwater, Germaine Pharmacy located in Tampa, Florida, and Zoetic Pharmacy located in Houston, Texas, were all also named as defendants. All the defendants were charged with conspiracy to commit health care fraud, mail fraud, and introducing misbranded drugs into interstate commerce.
On September 26, 2018, HealthRight LLC, a telemedicine company with locations in Pennsylvania and Florida, and Scott Roix, 52, of Seminole, Florida, and the CEO of HealthRight, pleaded guilty to felony conspiracy for their roles in the telemedicine health care fraud scheme in a criminal information. Roix and HealthRight LLC, also pleaded guilty to conspiring to commit wire fraud in a separate scheme for fraudulently telemarketing dietary supplements, skin creams, and testosterone.
The indictment alleges that from June 1, 2015 through April 1, 2018, these individuals and companies, together with other persons and companies known to the grand jury, conspired to deceive tens of thousands of patients and more than 100 doctors located in the Eastern District of Tennessee and across the country for the purpose of defrauding private health care benefit programs such as Blue Cross Blue Shield of Tennessee out of approximately $174,000,000. The indictment further alleges that the defendants submitted not less than $931,000,000 in fraudulent claims for payment.
According to the indictment, the defendants set up an elaborate telemedicine scheme in which HealthRight fraudulently solicited insurance coverage information and prescriptions from consumers across the country for prescription pain creams and other similar products. The indictment states that doctors approved the prescriptions without knowing that the defendants were massively marking up the prices of the invalidly prescribed drugs, which the defendants then billed to private insurance carriers.
Assad, Bolos, Palso, and Smith appeared in court on October 11, 2018 before U.S. Magistrate Judge Anthony E. Porcelli in the U.S. District Court for the Middle District of Florida. All four individual defendants were released on bond and are scheduled for an initial appearance and arraignment in the U.S. District Court in the Eastern District of Tennessee before U.S. Magistrate Judge Clifton Corker on October 25, 2018.
If convicted, Assad, Bolos, Palso, and Smith face a term of up to 20 years in prison as to each mail fraud charge, up to 10 years in prison for the conspiracy, and up to three years in prison for introducing misbranded drugs into interstate commerce. Additionally, they face fines of up to $250,000 and up to three years of supervised release as to each count. The companies face fines of up to twice the gross loss sustained as a result of the conspiracy. The indictment also seeks forfeiture of approximately $154,000,000.
In addition to their roles in the health care fraud conspiracy, the Information filed against Roix and HealthRight charged each of them with conspiring to commit wire fraud as part of a scheme to use HealthRight’s telemarketing facilities to fraudulently sell millions of dollars’ worth of products such as weight loss pills, skin creams, and testosterone supplements through concocted claims of efficacy and intentionally deficient customer service designed to stall consumer complaints.
Roix and HealthRight pleaded guilty before U.S. District Judge J. Ronnie Greer of the Eastern District of Tennessee. Roix faces a statutory maximum sentence of 5 years of imprisonment for each conspiracy. The Court set sentencing for February 13, 2019.
The investigation was coordinated by Assistant U.S. Attorneys T.J. Harker, David Gunn, and Anne-Marie Svolto of the U.S. Attorney’s Office for the Eastern District of Tennessee, and Trial Attorney John Claud for the Department’s Consumer Protection Branch. Assistant U.S. Attorneys T.J. Harker and David Gunn will prosecute the telemedicine conspiracy for the U.S. Attorney's Office for the Eastern District of Tennessee. Trial Attorney John Claud will represent the Department's Consumer Protection Branch in court proceedings.
The investigation was conducted by the Nashville, Tennessee office of the U.S. Department of Health & Human Services Office of Inspector General; the Nashville office of the Food and Drug Administration Office of Criminal Investigations; the Buffalo, New York, office of the U.S. Postal Inspection Service; the Knoxville and Johnson City, Tennessee, offices of the Federal Bureau of Investigation; the Atlanta, Georgia, Office of Personnel Management Office of the Inspector General; and the Tampa, Florida, office of Homeland Security Investigations. The U.S. Marshals Service also assisted in the investigation and the forfeiture of assets.
Members of the public are reminded that an indictment constitutes only charges and that every person or company is presumed innocent until guilt has been proven beyond a reasonable doubt.
For more information about the U.S. Attorney’s Office for the Eastern District of Tennessee, visit its website at https://www.justice.gov/usao-edtn. Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
Former U.S. Senate Employee Pleads Guilty to False Statements ChargeRead the Press Release
WASHINGTON – James A. Wolfe, 57, of Ellicott City, Maryland, a former staff employee of the U.S. Senate Select Committee on Intelligence (SSCI), pleaded guilty today to one count of making a false statement to special agents of the FBI during the course of an investigation into the unlawful disclosure of classified national security information.
The guilty plea was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Jessie K. Liu for the District of Columbia, and Special Agent in Charge Timothy M. Dunham of the Counterintelligence Division of the FBI’s Washington Field Office.
Wolfe was indicted in June 2018 on three false statements charges. Under the plea agreement, the government will move to dismiss the remaining counts at sentencing.
At the time Wolfe made the false statement to the FBI, he was the Director of Security for the SSCI, a position he held for more than 28 years. As SSCI Director of Security, Wolfe was entrusted with receiving, maintaining, and managing classified national security information provided to the SSCI by the Executive Branch of the United States.
According to a statement of offense filed at the hearing, the FBI opened an investigation in April 2017 into the unauthorized disclosure of classified national security information that had appeared in a specific article published by a national news organization. In December 2017, during the course of the investigation, Wolfe was interviewed. Wolfe was asked specifically about whether he had been in contact with any reporters and, if so, who those reporters were, and what were the nature and extent of those contacts and the means by which those contacts occurred.
By his guilty plea, Wolfe admitted making false statements to the FBI concerning whether he had provided unclassified, but not otherwise publicly-available, information to reporters. Specifically, on Oct. 16, 2017, and again on Oct. 24, 2017, Wolfe provided a particular reporter with non-public information concerning a witness who had been subpoenaed to testify before the SSCI. Wolfe also admitted making false statements to the FBI about his contacts with three additional reporters, including one of the authors of the aforementioned article.
The charge of making a false statement is a felony punishable by a statutory maximum of five years in prison and potential financial penalties. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. The Honorable Ketanji Brown Jackson scheduled sentencing for Dec. 20, 2018.
The investigation into this matter is being conducted by the FBI’s Washington Field Office. The case is being prosecuted by Assistant U.S. Attorneys Jocelyn Ballantine and Tejpal S. Chawla and Special Assistant U.S. Attorney Laura Ingersoll of the District of Columbia, with assistance from the Counterintelligence and Export Control Section, National Security Division of the U.S. Department of Justice.
Former U.S. Senate Employee Pleads Guilty to False Statements ChargeRead the Press Release
James A. Wolfe, 57, of Ellicott City, Maryland, a former staff employee of the U.S. Senate Select Committee on Intelligence (SSCI), pleaded guilty today to one count of making a false statement to special agents of the FBI during the course of an investigation into the unlawful disclosure of classified national security information.
The guilty plea was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Jessie K. Liu for the District of Columbia, and Special Agent in Charge Timothy M. Dunham of the Counterintelligence Division of the FBI’s Washington Field Office.
Wolfe was indicted in June 2018 on three false statements charges. Under the plea agreement, the government will move to dismiss the remaining counts at sentencing.
At the time Wolfe made the false statement to the FBI, he was the Director of Security for the SSCI, a position he held for more than 28 years. As SSCI Director of Security, Wolfe was entrusted with receiving, maintaining, and managing classified national security information provided to the SSCI by the Executive Branch of the United States.
According to a statement of offense filed at the hearing, the FBI opened an investigation in April 2017 into the unauthorized disclosure of classified national security information that had appeared in a specific article published by a national news organization. In December 2017, during the course of the investigation, Wolfe was interviewed. Wolfe was asked specifically about whether he had been in contact with any reporters and, if so, who those reporters were, and what were the nature and extent of those contacts and the means by which those contacts occurred.
By his guilty plea, Wolfe admitted making false statements to the FBI concerning whether he had provided unclassified, but not otherwise publicly-available, information to reporters. Specifically, on Oct. 16, 2017, and again on Oct. 24, 2017, Wolfe provided a particular reporter with non-public information concerning a witness who had been subpoenaed to testify before the SSCI. Wolfe also admitted making false statements to the FBI about his contacts with three additional reporters, including one of the authors of the aforementioned article.
The charge of making a false statement to special agents of the FBI is a felony punishable by a statutory maximum of five years in prison and potential financial penalties. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. The Honorable Ketanji Brown Jackson scheduled sentencing for Dec. 20.
The investigation into this matter is being conducted by the FBI’s Washington Field Office. The case is being prosecuted by Assistant U.S. Attorneys Jocelyn Ballantine and Tejpal S. Chawla and Special Assistant U.S. Attorney Laura Ingersoll of the District of Columbia, with assistance from the Counterintelligence and Export Control Section, National Security Division of the U.S. Department of Justice.
Former Oil City Man Admits Possessing Numerous Firearms as a Convicted FelonRead the Press Release
PITTSBURGH, Pa – A former resident of Oil City, PA pleaded guilty in federal court to violating federal firearms laws, United States Attorney Scott W. Brady announced today.
Emmett Freshcorn, age 30, pleaded guilty to one count of possession of firearms by a convicted felon before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that on December 11, 2017, Freshcorn, who is a convicted felon, went into a gun store with another individual. Freshcorn gave that individual money to purchase a BMG, .50 caliber rifle. Freshcorn then carried the rifle out of the store and took possession of it. Further, on March 7, 2018, Special Agents from the Bureau of Alcohol, Tobacco, and Explosives recovered 10 more firearms and ammunitions from locations connected to Freshcorn in Oil City, PA.
Judge Bissoon scheduled sentencing for February 27, 2019. The law provides for a maximum total sentence of up to 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and prior record of the defendant. Freshcorn will continue to be detained pending sentencing.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Oil City Police conducted the investigation leading to the plea in this case.
Former Employee of Retirement Center Sentenced for Stealing Identities of Elderly ResidentsRead the Press Release
Christopher Rhodes, age 53, of Lovejoy, Illinois, has been sentenced to a total of 36 months in prison for stealing the identities of elderly residents at a senior living facility where he used to work, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Rhodes previously pled guilty to three counts of wire fraud and one count of aggravated identity theft back in June of this year. In addition to his prison sentence, Rhodes was also ordered to pay restitution totaling $15,894.03.
Rhodes was formerly an employee of St. Paul’s Senior Community, a not-for-profit retirement community in Belleville, Illinois. In his position, Rhodes had access to residents’ medical, health and personally identifiable information (PII). Court proceedings established that from 2008 through July of 2017, Rhodes used names, social security numbers and other PII belonging to residents of St. Paul’s, without lawful authority, to obtain and maintain electric and gas service, water service, and satellite television service at his home.
The investigation was conducted by the United States Postal Inspection Service. The prosecution was handled by Assistant U.S. Attorney Norman R. Smith.
Florida Man Receives 93 Month Sentence for Conspiring to Distribute Heroin and Possession of a Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Erskine Simmons, a 31 year old resident of Pensacola, Florida was sentenced to 33 months for conspiring to distribute heroin followed by 60 months for possession of a firearm in furtherance of that drug trafficking crime.
On June 22, 2018, according to a factual statement Simmons signed in connection with his guilty pleas to conspiring to distribute approximately 36.67 grams of heroin and possession of a firearm in furtherance of that drug trafficking crime, on May 1, 2017, deputies of the Mobile County Alabama Sheriff’s Office enlisted the aid of a cooperating defendant (CD) to introduce them to a heroin dealer he/she knew as “G”. After the CD made the introductions, an undercover deputy purchased approximately 4.95 grams of heroin from “G” (whose actual name is Erskine Simmons) for $1000. The undercover deputy also gave Simmons an additional $150 for the man who drove Simmons to the buy location. Conversations between the undercover deputy and Simmons regarding this transaction were captured on audio tape. On May 3, 2017, the undercover deputy contacted Simmons, on his own, and set up a buy of an additional 7.71 grams of heroin. The undercover deputy paid Simmons $1000 for the heroin and $150 for Simmons’ driver. The conversations between Simmons and the undercover deputy for this transaction were captured on audio tape. On May 9, 2017, the undercover deputy purchased an additional 24.01 grams of heroin from Simmons. The undercover deputy paid Simmons $2000 for the heroin and $200 for the driver. This time, Simmons was aided by a man who drove Simmons to the buy location knowing what Simmons intended to do once they arrived to meet the undercover deputy. Simmons agreed to pay the driver to transport Simmons to the buy location. To complete the sale of the 24.01 grams of heroin to the undercover deputy, Simmons asked a woman riding with them to exit the vehicle, get into the vehicle of the undercover deputy and give the undercover deputy the heroin. The woman agreed to do so, and did, knowing that the bag Simmons gave her to give to the undercover deputy contain a quantity of heroin. Conversations related to this transaction were recorded on audio tape. Deputies arrested Simmons, and his two co-horts immediately after the third transaction and used a drug dog to sniff around the vehicle used by the three to travel to the buy location. The drug dog alerted to the vehicle and it was searched. Seized from the vehicle was a small quantity of marijuana and a small quantity of cocaine taken from a purse. Also seized from the trunk of the vehicle was a camouflage book bag with an Iberia Firearms, .40 caliber pistol hidden inside. Simmons confessed to the three drug crimes and that he possessed the firearm for his protection.
Special Agents of the Department of Homeland Security/ICE investigated the case along with deputies of the Mobile County Sheriff’s Office and brought it to the U.S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Five Plead Guilty in October to Federal Charges Related to a Violent Drug Distribution OrganizationRead the Press Release
Baltimore, Maryland – Five admitted members and confederates of the Old York Money Gang (OYMG), a gang that sustained itself in part through the distribution and sale of controlled substances, including crack cocaine, as well as through murder and other violent crimes, have pleaded guilty to federal drug or racketeering charges related to their membership in the gang. The gang operated throughout the Waverly Way neighborhood of Baltimore. The federal indictment charges murders, including the murder of McKenzie Elliott, a three-year-old girl who was shot to death on August 1, 2014, as acts of violence committed by members of the OYMG.
The following defendants, all of Baltimore, have entered guilty pleas:
Emmanuel Rose, age 27, pleaded guilty on October 1, 2018;
Davonte Rich, a/k/a Chopper, age 24, pleaded guilty on October 2, 2018;
Keith Wilson, age 25, pleaded guilty on October 3, 2018;
Jason Snowden, age 22, pleaded guilty on October 10, 2018; and
Calvin Watson, a/k/a Monster, age 27, pleaded guilty on October 12, 2018.Rich and Snowden each pleaded guilty to participating in a racketeering conspiracy in connection with their membership in the OYMG. Watson, Rose, and Wilson each pleaded guilty to conspiracy to distribute and possess with intent to distribute between 280 and 840 grams of crack cocaine.
The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Interim Commissioner Gary Tuggle of the Baltimore Police Department.
“Disputes between rival drug gangs lead to so many tragic shootings and murders in Baltimore City,” said U.S. Attorney Robert K. Hur. “Often the victims are innocent bystanders, like little McKenzie Elliott. We will continue to work with our law enforcement partners to root out and to hold accountable the criminals who turn our neighborhoods into war zones, and to stop the senseless violence.”
“The pain and violence this gang has inflicted on Baltimore cannot be overstated,” said ATF Baltimore Special Agent in Charge Cekada. “They pushed drugs into neighborhoods knowing that addiction ruins lives, and they used firearms to intimidate and inflict violence to protect and expand their territory, showing no concern for innocent bystanders like McKenzie Elliott. ATF will continue to work relentlessly in our efforts to make Baltimore’s communities safer by taking criminals like members of the Old York Money Gang off the street.”
According to their plea agreements and other court documents, from January 2014 to April 2017, Rich, Snowden, Watson, Rose, and Wilson were all members and associates of the OYMG, a violent drug trafficking organization operating in the Waverly Way neighborhood in the northeastern district of Baltimore. OYMG is involved in criminal activity including murder, robbery, extortion, burglary, and narcotics trafficking in and around Baltimore. OYMG is a neighborhood gang, limiting its membership to persons that originate from or live in the Waverly Way neighborhood, and generally excluding “outsiders.” The gang extensively and frequently endorsed and promoted its existence through social media accounts and rap music videos, whereby members would display their association and advertise membership and activities of the gang.
Beginning in October 2016, the ATF and the Baltimore City Police Department conducted undercover purchases of cocaine base and heroin from OYMG members, including Watson and Rose. All of the defendants generally sold controlled substances at or around drug shops controlled and managed by the OYMG—and in coordination with coconspirators. According to their plea agreements and other court documents, OYMG members sold heroin, powder and crack cocaine, and marijuana in their territory in Waverly Way and elsewhere. Wilson was principally involved in the sale of prescription pills and marijuana and Rich principally distributed marijuana for the gang, in addition to his other gang activities.
According to Rich’s plea agreement, OYMG members regularly carried firearms to defend the gang’s territory and violently expelled OYMG rivals or antagonists. Throughout its existence, a primary source of revenue for the gang was the trafficking of narcotics and marijuana. The gang used violence to protect and further these criminal activities. For example, as detailed in Snowden’s plea, on February 5, 2016, Baltimore Police officers recovered a firearm and marijuana packaged for distribution from a car in which Snowden was riding. On October 2, 2017, two perpetrators robbed the owners of a restaurant directly across the street from an OYMG drug shop, stealing nearly $30,000. One of the assailants struck a female victim during the robbery, fracturing her eye socket. The victims knew Snowden and identified him as one of the robbers.
As detailed in Rich’s plea agreement, from July 30 to August 1, 2014, Rich and other OYMG members violently attacked three victims who had entered OYMG territory to support a female friend engaged in a fight with the sister of an OYMG member. During this attack, one of the victims (Victim #1) was stabbed. Two days later, the victims returned to the same OYMG drug shop, at which point an OYMG member fired multiple gunshots at the vehicle carrying the victims. One bullet struck Victim #1 in the head, while an errant bullet killed three-year-old McKenzie Elliott.
In addition, Tyron Brown, age 28, and Davin Lawson, age 27, both of Baltimore, previously pleaded guilty to participating in a drug distribution conspiracy, on August 15 and January 23, 2018, respectively. Lawson was sentenced to 80 months in federal prison on April 27, 2018.
U.S. District Judge George L. Russell, III has scheduled sentencing for Calvin Watson on December 19, 2018. Watson and the government have agreed that if the Court accepts the plea, Watson will be sentenced to 90 months in federal prison. Judge Russell has scheduled sentencing for Wilson, Brown, Snowden, Rose, and Rich for early 2019.
The four remaining defendants charged in the case are scheduled to go to trial on November 5, 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
United States Attorney Robert K. Hur commended the ATF and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys David Metcalf and Michael C. Hanlon, who are prosecuting the case.
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Federal Prison Employee Sentenced for Defrauding Inmate FamiliesRead the Press Release
BEAUMONT, Texas – A 43-year-old Beaumont, Texas woman has been sentenced for her part in a conspiracy targeting federal inmates and their families in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Tanya L. Richard pleaded guilty on June 14, 2018, to conspiracy to commit wire fraud today and was sentenced to 24 months in federal prison today by U.S. District Judge Marcia Crone. Richard was also ordered to pay restitution in the amount of $166,250.
According to information presented in court, while employed as an administrative employee of the Federal Correctional Complex in Beaumont, Richard was involved in a wide-spread fraud scheme targeting the families of federal inmates. Six persons, some of whom were former federal inmates, pleaded guilty to a similar charge last year in the same scheme and are currently serving federal prison sentences for their involvement. The nationwide, six-year scheme defrauded the relatives of federal inmates by falsely representing that they could obtain reductions in their relatives’ sentences in exchange for the payment of cash and wire transfers of funds. The payments were falsely represented to be for the payment for a network of confidential informants who would make undercover drug transactions under the direction of the courts and prosecutors which would allow the incarcerated inmates to ask the court for reductions of sentences for providing substantial assistance to the government under the Federal Rules of Criminal Procedure. In reality, the money was spent for the personal benefit of the defendants and there was never any network of informants or undercover transactions. Federal inmates do not have to pay for substantial assistance motions for reductions of sentences which normally only require information to be provided by such inmates against co-defendants as well as trial testimony.
Richard’s role in the scheme included obtaining confidential information from federal court presentence reports of inmates and drafting false cooperation agreements for inmate families that appeared to be from federal prosecutors and U.S. Attorneys. Richard is a former common-law spouse of Alvin James Warrick who pleaded guilty to a similar charge in the scheme last year. The scheme resulted in losses to inmate families from across the nation of over $4 million dollars. Richard was placed on administrative leave from her position at the federal prison after her indictment in April 2018.
“This kind of fraud threatens the public’s trust in the justice system,” said U.S. Attorney Joseph D. Brown. “The defendant targeted individuals and families who were vulnerable, and violated the trust that had been placed in her as a public servant. It was important that there be a real consequence for that.”
“Defendant misled federal inmates and their family members about the sentencing reduction process, and defrauded these victims of millions of dollars. Our office is committed to protecting the integrity of the criminal justice system and will work tirelessly to investigate these types of schemes,” said Monte A. Cason, Special Agent in Charge of the U.S. Department of Justice Office of the Inspector General’s Dallas Field Division.
“Ms. Richard used her position at the U.S. Bureau of Prisons for personal monetary gain, and is now being held accountable for her actions. The FBI's mission is to protect the civil rights of all individuals. Included under that protection are individuals who have been incarcerated and their families. After a thorough and deliberate investigation, the FBI Beaumont Resident Agency partnered with the U.S. Attorney's Office of the Eastern District of Texas to ensure a sobering punishment was delivered," said Senior Supervisory Resident Agent Minique Crump of the Beaumont FBI Resident Agency.
This case was investigated by the Federal Bureau of Investigation; Department of Justice, Office of the Inspector General; U.S. Marshals Service; Houston Police Department-Major Offenders Division; U.S. Attorney’s Offices in the Eastern District of Texas and Southern District of Florida. This case was prosecuted by Assistant U.S. Attorney Robert L. Rawls.
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Farmington Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – David Dobbs, 28, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by being in possession of a firearm during and in relation to a drug trafficking crime.
Dobbs was arrested in Aug. 2018, on an indictment charging him with cocaine trafficking and firearms offenses. According to the indictment, Dobbs distributed cocaine on Nov. 9, 2017, Dec. 7, 2017 and Feb. 7, 2018; possessed cocaine with intent to distribute on Feb. 26, 2018; and possessed a firearm during and in relation to a drug trafficking crime on Feb. 26, 2018. The indictment charged Dobbs with committing the crimes in San Juan County, N.M.
During today’s proceedings, Dobbs pled guilty to possessing a firearm during and in relation to a drug trafficking crime. In entering the guilty plea, Dobbs admitted that on Feb. 26, 2018, law enforcement officials found approximately 1011 grams of cocaine and a firearm in his vehicle during a traffic stop. Dobbs acknowledged that he intended to distribute the cocaine to others and that he possessed the firearm to protect himself and the drugs associated with his drug trafficking activities.
At sentencing, Dobbs faces a mandatory minimum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the HIDTA Region II Task Force and is being prosecuted by Assistant U.S. Attorney Allison Jaros.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Executives of an Atlanta-based medical company charged with healthcare fraudRead the Press Release
ATLANTA - Shailesh Kothari, a/k/a Shue Kothari, the chief executive officer for Primera Medical Group, was arraigned on federal charges alleging healthcare fraud for submitting more than 4,500 fraudulent claims for allergy treatments. Co-defendant, Timothy McMenamin, the chief operating officer for Primera Medical Group, was also charged for his role in the scheme.
“These defendants allegedly sought more than $8.5 million in insurance payments after submitting thousands of fraudulent claims,” said U.S. Attorney Byung J. “BJay” Pak. “Healthcare fraud unfortunately diverts critical resources away from the patients that truly need care.”
“Healthcare fraud not only betrays the trust a patient places in their providers, but costs everyone when their insurance premiums rise because of it,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI is committed to ensuring that funds given to healthcare providers are not abused and are used only for medically necessary services for patients.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Primera Medical Group, Inc., was a health clinic in Atlanta that focused its practice on preventative wellness, specifically corporate wellness, concierge care, and allergy testing. Kothari is a doctor of chiropractic medicine who was licensed to practice in Georgia since January 2009.
Primera Medical Group hired market research companies across the U.S. to recruit patients to participate in allergy testing. Patients were told that there would be no out-of- pocket expenses and that their insurance would cover the costs, in addition to being paid $65 to $100 for participating in the test.
A patient’s blood was purportedly drawn so that it could be sent to a laboratory for allergy and other testing, regardless of whether the patient had any allergy symptoms and without any determination of medical necessity for the testing. Primera Medical Group allegedly then billed the patient’s private insurer for multiple procedures, including blood tests, allergy immunology injections, or other laboratory tests. When billing private insurers, Primera Medical Group used the National Provider Identifier (NPI) numbers of multiple doctors, without their knowledge and without those doctors having performed the services.
As of July 2016, Primera Medical Group billed insurers for hundreds of blood tests that were not completed. When an insurance company requested the medical records to support some of the billed services, Kothari allegedly asked McMenamin to create false laboratory reports to submit to the insurance company. McMenamin allegedly created the false laboratory reports, and those false reports were provided to the insurance company to support the fraudulent billing.
Additionally, when a patient requested the results of a laboratory test that was not completed, McMenamin allegedly created false laboratory results for those patients. On multiple occasions, Kothari and McMenamin allegedly sent false laboratory reports directly to patients.
Shailesh Kothari, a/k/a Shue Kothari, 45, of Atlanta, Georgia was arraigned before U.S. Magistrate Judge Alan J. Baverman on federal charges of conspiracy to commit healthcare fraud and aggravated identity theft. Kothari was charged in an information filed on October 12, 2018.
Timothy McMenamin, 31, of Atlanta, Georgia was also charged with the same offenses in the same information. Members of the public are reminded that the information only contains charges. These defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation. Assistance was also provided by the Special Investigations Unit for Blue Cross Blue Shield of Georgia.
Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of the Complex Fraud Section, is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Delaware County Man Convicted at Trial of Multiple Drug Trafficking and Firearm Counts, Including Distributing Drugs in PlaygroundsRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Robert Mack, a/k/a “Tweet,” 53, of Sharon Hill, PA, was found guilty today by a jury of the following crimes: conspiracy to distribute 28 grams or more of cocaine base (one count); distribution of cocaine (one count); distribution of cocaine within 1,000 feet of a protected location (one count); possession of a firearm in furtherance of a drug trafficking crime (one count); and felon in possession of a firearm (one count). Chief United States District Judge Juan Sanchez presided over the jury trial.
This conviction stems from the indictment and prosecution of two large-scale drug trafficking organizations operating to sell crack cocaine in and around two playgrounds located in the Mill Creek neighborhood of West Philadelphia. The defendant and others distributed crack cocaine in and around an area known as “the Grounds” – a playground/basketball court located near the intersection of 52nd and Westminster Avenue. The second organization sold crack in a playground, commonly referred to as “the Pit,” located near the intersection of 51st Street and Reno Street. These two areas are within close proximity to each other (merely a few blocks away) and are separated by a baseball field on Westminster Avenue, the lower boundary of “the Grounds.”
The defendant supplied the leader of “the Grounds” with cocaine and crack cocaine, which was then packaged for distribution. The defendant possessed a firearm in furtherance of his drug trafficking crimes. Additionally, he had previously been convicted of a felony and therefore was prohibited by law from possessing a firearm.
“Playgrounds are meant for our children, not for dangerous drug traffickers armed with guns,” said U.S. Attorney McSwain. “For years, the defendant and this violent drug trafficking organization endangered everyone in their neighborhood on a daily basis. Thanks to our dedicated partners at ATF, the Philadelphia Police Department, and our Office’s trial team, the defendant will now pay for his crimes and will no longer be allowed to menace his neighborhood.”
“The ATF is committed to working with our federal, state and local law enforcement partners to target violent drug trafficking organizations that are responsible for drug trafficking and related gun violence in our communities,” said ATF Special Agent in Charge Donald Robinson. “This conviction is a perfect example of the collaborative effort between the ATF and the Philadelphia Police Department to target violent offenders.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorneys Jonathan B. Ortiz and Seth Schlessinger.
Defense Contractor Agrees to Pay $1 Million to Settle Allegations Under the False Claims ActRead the Press Release
SACRAMENTO, Calif. — United States Attorney McGregor Scott announced today that Alpha Research & Technology, Inc. (“ART”), an El Dorado Hills company that provides command and control systems to the U.S. Air Force, has agreed to pay the United States $1 million to resolve allegations that it violated the False Claims Act by knowingly submitting inflated contract pricing to the government.
Between 2006 and 2011, ART submitted subcontract proposals to prime contractors including The Raytheon Company and The Boeing Company that were to be included in firm-fixed-price proposals made by those prime contractors to the Department of Defense. In submitting its proposals, ART knowingly included millions of dollars in personal expenses of its owners Donne and DeAnn Smith, which ART knew were unallowable in government contracting. Those expenses included payments for the design and construction of the Smiths’ luxury personal residence in Amador County, luxury cars, a personal caretaker, and a weekend at the Hotel del Coronado in San Diego.
The False Claims Act allows the government to recover damages and penalties for the presentation of false claims for payment to the United States. By improperly basing its government subcontract proposals on unallowable costs, ART caused the United States to pay improperly inflated prices.
“It is a priority of this office to safeguard public coffers against fraud and abuse that affect the integrity of federal contracting programs,” said U.S. Attorney Scott. “We will continue to work closely with our federal law enforcement partners to address the unnecessary expenditure of taxpayer funds, and results like this one help accomplish that objective.”
Chris Hendrickson, Special Agent in Charge of the Department of Defense, Defense Criminal Investigative Service (DCIS), Western Field Office, said, “Padding government contracts with personal expenses is an act of greed that diverts taxpayer dollars away from the critical support of our soldiers, sailors, airmen, and Marines. DCIS is committed to working with partner agencies to root out fraud in Department of Defense contracting.”
“Cost mischarging schemes such as this cheat the Air Force and ultimately the American taxpayer,” said Air Force Office of Special Investigations Special Agent in Charge Cornelius King. “I appreciate the dedicated efforts of the Defense Criminal Investigative Service, The Defense Contract Audit Agency, and the U.S. Attorney's office who helped hold this Air Force contractor accountable.”
The settlement is the product of a joint investigation by DCIS, the Defense Contract Audit Agency, and the Air Force Office of Special Investigations. Assistant U.S. Attorney Colleen M. Kennedy handled the case for the United States. The claims settled by this agreement are allegations only and there has been no determination of liability.
Defendant Pleads Guilty in Multimillion Dollar Prize-Promotion Scam Affecting Elderly VictimsRead the Press Release
An individual who defied court orders by operating a multimillion mass-mailing fraud scheme pleaded guilty on Friday, October 12, 2018, in federal court on Long Island before a magistrate judge, the Department of Justice announced.
Tully Lovisa, 55, of Huntington Station, New York, pleaded guilty to conspiracy to commit mail fraud for sending prize-promotion mailings that led recipients, many of whom were elderly and vulnerable, to believe that they could claim a large cash prize in exchange for a modest fee. This was false; victims who submitted fees, which in total exceeded $30 million, did not receive large sums of money. Lovisa operated the prize-promotion mailing scheme in violation of court orders that resulted from a lawsuit against him by the Federal Trade Commission (FTC).
Lovisa also pleaded guilty to wire fraud in connection with a related scheme to defraud the FTC. Specifically, as part of his resolution of the FTC lawsuit’s against him, Lovisa was ordered by a court to sell a home he owned in Las Vegas, Nevada, and to turn over the proceeds of the sale to the FTC. Lovisa, however, failed to comply with this order by arranged a sham sale of the house in September 2012 for $155,500 (which he reported to the FTC), and then actually selling the house in April 2015 for $540,000 (which he did not report to the FTC).
“As the Attorney General has made clear, the Department of Justice is determined to bring to justice those who exploit elderly consumers in violation of federal law,” said Assistant Attorney General Joseph Hunt of the Department of Justice’s Civil Division. “We will work with our law enforcement partners at the U.S. Postal Inspection Service to stop and punish schemes harming the elderly wherever we find them.”
When sentenced, Lovisa faces up to 20 years in prison on each charge, forfeiture, and a fine of up to $250,000 or twice the gross gain or gross loss from each offense.
Friday’s plea took place before Magistrate Judge Gary R. Brown, who recommended that it be accepted by the district judge. The United States Postal Inspection Service investigated the case. The case is being prosecuted by Trial Attorneys Daniel Zytnick and Timothy Finley of the Department of Justice’s Consumer Protection Branch and Assistant U.S. Attorney Charles P. Kelly of the Eastern District of New York.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.
Damariscotta Man Pleads Guilty to Misdemeanor Assault ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Justin Woods, 32, of Damariscotta, Maine pleaded guilty today in U.S. District Court to knowingly and intentionally assaulting four people with a pistol.
According to court records, on August 28, 2017, the defendant, then a U.S. Navy contract employee participating in the training of active duty Navy personnel in Rangeley, Maine, threatened four Navy instructors by pointing a pistol at them following a social gathering.
The defendant faces up to six months in prison, a $5,000 fine and one year of supervised release. He will be sentenced after the completion of a presentence report by the U.S. Probation Office.
The investigation was conducted by the U.S. Naval Criminal Investigative Service.
Convicted Felon who Fled from Police Sentenced to 20 Years in Federal Prison on Drug and Gun ChargesRead the Press Release
Memphis, TN – Joseph Hamilton, 30, has been sentenced to 20 years imprisonment on federal charges of being a felon in possession of a firearm and possession of marijuana with intent to distribute. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced the sentence today.
According to the information presented in court, on October 27, 2017, Memphis Police observed Hamilton driving a silver Infiniti G35 eastbound on East Shelby Drive with a license plate registered to a different vehicle. The license plate also had a 2018 decal that belonged to a different plate. A traffic stop was then initiated. The defendant did not have a driver’s license, but provided his social security number to the officer. After the officer determined that the defendant’s license was suspended, the defendant was instructed to exit the vehicle. The defendant slammed the door to his car, made a "U-turn," and sped away. The officer had to move to avoid being struck by the vehicle. Hamilton then disregarded a traffic signal and crashed his vehicle with another vehicle. The driver of the other vehicle was transported to the hospital in non-critical condition.
After the crash, Hamilton ran into a wooded area with a red and white backpack. While the officer was chasing the defendant, the defendant tripped and fell. The officer caught up with the defendant and arrested him. The defendant spontaneously stated that he ran because he "did not want to go to jail for the weed and gun".
While searching the backpack, officers recovered a large bag of marijuana and two mason jars containing small baggies ofmarijuana, totaling approximately 100 grams. An opened box of sandwich baggies and a marijuana grinder were also recovered. Officers recovered $306.73 on Hamilton and a Ruger .45 caliber pistol from the driver’s side floorboard of the vehicle. Hamilton was also a convicted felon at the time of this offense.
On October 11, 2018, U.S. District Court Judge Thomas L. Parker sentenced Hamilton to 20 years in federal prison followed by 4 years supervised release.
U.S. Attorney D. Michael Dunavant said, "Convicted felons who possess firearms in connection with drug distribution are inherently dangerous individuals. This conviction and sentence will remove a violent offender from the streets, and will protect public safety. We are FED UP with gun crime in Memphis, and will continue to aggressively prosecute prohibited and dangerous offenders with firearms. Gun Crime is Max Time."
The defendant still has an unrelated murder charge pending in Division 7 of Shelby County’s Criminal Court stemming from his alleged shooting at a Whitehaven McDonald’s, resulting in the murder of one individual and the serious injury to another.
The Multi-Agency Gang Unit investigated this case.
Assistant U.S. Attorney Marques Young and Special Assistant U.S. Attorney Bryce Phillips prosecuted this case on the government’s behalf.
Carson Man Sentenced to over 13 Years for Distributing MethamphetamineRead the Press Release
FRESNO, Calif. — Danny Luna, 32, of Carson was sentenced on October 10, 2018 by U.S. District Judge Dale A. Drozd to over 13 years in prison for distributing methamphetamine, U.S. Attorney McGregor W. Scott announced. In July 2018, Luna pleaded guilty to the charge.
According to court documents, Luna delivered methamphetamine to an undercover officer twice between October and December 2016: two pounds on the first occasion and 20 pounds on the second occasion.
This case was the product of an investigation by Fresno Police Department, Major Narcotics Unit, and the Drug Enforcement Administration. Assistant U.S. Attorney Kimberly A. Sanchez prosecuted the case.
California Man Sentenced for Copyright InfringementRead the Press Release
KANSAS CITY, KAN. – A California man was sentenced Monday to serve three years on federal probation for unlawfully selling copyrighted aviation data updates, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay more than $30,000 in restitution.
Craig M. Vincent, 51, Stockton, Calif., pleaded guilty to one count of criminal infringement of a copyright.
In his plea, Vincent admitted he used eBay to resell aviation navigational database updates in violation of Jeppesen Company’s licensing agreement for a trademarked product called NavData. Jeppesen is a Boeing subsidiary. Jeppesen’s NavData includes airport information, runway characteristics, waypoints, arrival routes, departure routes, terminal procedures and general information that a Global Positioning System or flight management computer needs to navigate an airplane to final destination.
Jeppesen sold NavData subscriptions to Kansas-based Garmin, Inc. Doing business as Merlin Enterprises, Vincent sold NavData cards and required customers to return old data cards to him.
McAllister commended the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.
Attorney General Sessions Announces New Measures to Fight Transnational Organized CrimeRead the Press Release
Attorney General Jeff Sessions today announced a series of measures to dismantle transnational criminal organizations.
“The day I was sworn in as Attorney General, President Trump sent me an executive order to dismantle transnational criminal organizations—the gangs and cartels who flood our streets with drugs and violence,” Attorney General Sessions said. “We embrace that order and we carry it out every single day. Today, to increase our effectiveness, I am putting in place new leadership to drive our transnational organized crime efforts and forming a Transnational Organized Crime Task Force of experienced prosecutors that will coordinate and optimize the Department’s efforts to take each of these groups off of our streets for good.”
The Attorney General has appointed Associate Deputy Attorney General Patrick Hovakimian to serve as the Department’s first Director of Counter Transnational Organized Crime. Hovakimian has served in Department leadership since early 2017 and also as an AUSA in the Southern District of California, where he is co-lead counsel in a series of transnational public corruption and fraud cases. In addition to his duties as federal prosecutor, earlier this year the President nominated and the U.S. Senate confirmed Hovakimian to serve as a Commissioner of the Foreign Claims Settlement Commission of the United States.
Attorney General Sessions has appointed Adam Cohen as the new Director of Organized Crime and Drug Enforcement Task Force (OCDETF). Cohen is currently the Chief of the Criminal Division Special Operations Unit’s Office of Enforcement Operations and has served in the Criminal Division for 10 years. He has also served as an Assistant United States Attorney (AUSA) for five years and as a state prosecutor in Florida for seven years. He also led the National Gang Targeting Enforcement and Coordination Center for nearly three years and has served as a Deputy Chief of the Narcotics and Dangerous Drug Section. He is a past recipient of the Assistant Attorney General’s Award for Reduction and Deterrence of Violent and Organized Crime, as well as the DEA Administrator’s Award for his work to counter narcotics trafficking.
On February 9, 2017, President Donald J. Trump issued Executive Order 13773, which directed the federal government to “ensure that Federal law enforcement agencies give a high priority and devote sufficient resources to efforts to identify, interdict, disrupt, and dismantle transnational criminal organizations[.]”
Following this Executive Order, Attorney General Sessions directed the FBI, DEA, OCDETF, and the Department’s Criminal Division to identify top transnational criminal groups that threaten the safety and prosperity of the United States and its allies. As a result of that review, the Attorney General is designating the following criminal groups as top transnational organized crime threats:
• MS-13
• Cartel de Jalisco Nueva Generacion (CJNG)
• Sinaloa Cartel
• Clan del Golfo, and
• Lebanese Hezbollah.
The Attorney General’s TOC Task Force will be led by the Deputy Attorney General and will be composed of experienced prosecutors. It will be organized into one subcommittee for each of the target groups.
The subcommittee on MS-13 will be led by Assistant U.S. Attorney John Durham of the U.S. Attorney’s Office for the Eastern District of New York. AUSA Durham has played a significant role in the FBI’s Long Island Task Force, which has arrested hundreds of MS-13 members.
The subcommittee on Cartel Jalisco Nueva Generacion will be led by Trial Attorney Brett Reynolds of the Narcotic and Dangerous Drug Section of the Department’s Criminal Division. Reynolds has led or co-led several investigations into the Cartel that have led to indictments of some of its highest ranking members.
The subcommittee on the Sinaloa Cartel will be led by Assistant U.S. Attorney Matthew Sutton of the United States Attorney’s Office for the Southern District of California. AUSA Sutton prosecuted several Sinaloa kingpins and led multiple international investigations targeting Sinaloa Cartel leaders, resulting in seizures of millions of dollars in drug proceeds and thousands of kilograms of illicit drugs.
The subcommittee on Clan del Golfo will be led by Assistant U.S. Attorney Robert Emery of the United States Attorney’s Office for the Southern District of Florida. AUSA Emery has secured convictions against the top leadership of Clan del Golfo, including kingpin Henry de Jesus Lopez Londoño, who commanded over 1,000 armed men for the cartel.
The subcommittee on Lebanese Hezbollah will be led by Assistant U.S. Attorney Ilan Graff of the United States Attorney’s Office for the Southern District of New York. AUSA Graff is overseeing the prosecution of two alleged members of Hezbollah’s External Security Organization, the first such operatives to be charged with terrorism offenses in the United States.
Attorney General Sessions has ordered each of these subcommittees to provide specific recommendations within 90 days on how to disrupt and dismantle TOC, whether through prosecution, diplomacy, or other lawful means.
This new Task Force builds upon work that Attorney General Sessions has already done to dismantle these groups. On January 11, 2018, Attorney General Sessions established the Hezbollah Financing and Narcoterrorism Team (HFNT), a group of experienced international narcotics trafficking, terrorism, organized crime, and money laundering prosecutors. HFNT prosecutors and investigators are tasked with investigating individuals and networks providing support to Hezbollah, and pursuing prosecutions in any appropriate cases. The new subcommittee—which will be staffed and led by HFNT members—will aid the ongoing work of the HFNT.
On October 23, 2017, Attorney General Sessions formally designated MS-13 as a priority target for OCDETF.
Ambler, Pennsylvania, Man Admits Defrauding FEMA Relating to Major DisasterRead the Press Release
CAMDEN, N.J. – An Ambler, Pennsylvania, man today admitted defrauding the Federal Emergency Management Agency (FEMA) of thousands of dollars after Hurricane Sandy, U.S. Attorney Craig Carpenito announced.
Nicholas Ochs, 54, pleaded guilty before U.S. District Judge Jerome B. Simandle in Camden federal court to Counts One (disaster benefit fraud) and Four (mail fraud) of the indictment against him.
According to documents filed in this case and statements made in court:
When a natural disaster or federal emergency occurs in the United States, federal agencies, such as FEMA, provide relief and assistance to affected individuals and entities. FEMA provides financial assistance by, among other things, helping affected individuals repair their property.
In October 2012, Cape May County suffered severe damage from wind, rain and flooding generated by Hurricane Sandy when it struck New Jersey. On Oct. 30, 2012, then-President Obama signed a Presidential Disaster Declaration for the State of New Jersey, enabling eligible individuals who were displaced by the storms to seek financial assistance from FEMA.
At the time of Hurricane Sandy, Ochs’s mother lived in a house in Ocean City, New Jersey. In January 2013, Ochs filed an application with FEMA on her behalf, seeking federal rental assistance and assistance for personal property damage under FEMA’s Individual Assistance Program. He claimed the property was damaged as a result of Hurricane Sandy and was unfit for occupancy. An inspector working on behalf of FEMA inspected the property and determined that the property was uninhabitable, that repairs were required, and that the homeowner had moved. During the inspection, Ochs, acting with power of attorney, signed the application on behalf of his mother attesting that all the information on the application was true and correct. By signing the application, Ochs also acknowledged that any disaster relief money awarded would be returned if his mother received insurance benefits for the same loss.
FEMA initially denied Ochs’s claim, citing the fact that the property was covered by insurance. Ochs submitted documents to FEMA indicating that the insurance provider denied his mother’s claim. Based on that, in February 2013, FEMA awarded Ochs’s mother funds for rental assistance and home repair.
In applying to FEMA for home repair and rental assistance claiming that his mother was displaced by Hurricane Sandy, Ochs submitted fraudulent leases claiming that his mother was renting another property on the same block in Ocean City. Ochs also provided fictitious rental receipts. Ochs failed to disclose that the property his mother was renting was owned by his family and that no rent was ever paid. To support his mother’s continued need for rental assistance, Ochs was required to complete FEMA forms, and he faxed fraudulent lease agreements and rental receipts to FEMA.
In February 2013 Ochs contacted FEMA and made a false claim for transportation assistance, claiming that his mother’s 1985 Mercedes Benz was damaged by Hurricane Sandy and submitting fraudulent documentation to that effect.
Between February 2013 and December 2013, FEMA paid Ochs’ mother $17,229 for rental assistance and $4,345 for home repairs, through the issuance of direct deposits into bank accounts that Ochs controlled. Ochs then used the money to pay his personal expenses.
FEMA’s National Flood Insurance Program indemnifies flood insurance providers when a claim is paid out. At the time of the storm, Wells Fargo Bank held the mortgage on Ochs’s mother’s property. After Ochs made a claim to the insurance provider, the insurance provider sent the insurance proceeds to Wells Fargo. To entice Wells Fargo to release the funds, Ochs presented fraudulent invoices and forms from a builder that over inflated the value of the work that the builders performed. Wells Fargo mailed numerous checks totaling $169,518 to the house in Ocean City. Ochs deposited the checks into bank accounts that he controlled and spent the money on personal expenses. The flood insurance claims were indemnified by FEMA.
The count of disaster benefits fraud to which Ochs pleaded guilty to carries a maximum potential penalty of 30 years in prison and a $250,000 fine. The count of mail fraud to which he pleaded guilty carries a potential penalty of 30 years in prison and $1 million fine. Sentencing is scheduled for Jan. 25, 2019.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent in Charge Mark Tasky, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney's Office Criminal Division in Camden.
Defense counsel: William J. Hughes Jr., Atlantic City, New Jersey
6 Individuals Arrested for Assisting the Operation of Illegal Brothels in New York City and Surrounding AreasRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Philip R. Bartlett, Inspector-In-Charge for the New York Division of the U.S. Postal Inspection Service (“USPIS”), and Timothy W. Dumas, the Special Agent in Charge of the New York Field Office of the U.S. Department of State’s Diplomatic Security Service (“DSS”) of the U.S. Department of State, announced today that KWANG KYU KIM, a/k/a “Kevin,” HYUN KYUNG HAN, a/k/a “Jay Hee,” HONG NAE YI, a/k/a “Diane Yi,” BEIRNE LOWRY, a/k/a “Michael,” TIEN CHIH WANG, and ZHENGYI LU, a/k/a “Allen,” were charged with money laundering and conspiring to commit money laundering in connection with a scheme to provide financing and other support services to brothels in the New York metropolitan area. The defendants were arrested this morning and were presented before a U.S. Magistrate judge in federal court in Manhattan this afternoon.
Manhattan U.S. Attorney Geoffrey S. Berman said: “These individuals allegedly offered support to independent owners of illegal brothels in the form of financing, website maintenance, and other administrative assistance to help the brothels function. By allegedly offering their support, they contributed to the commercial sex industry, an industry notorious for heinous victimization of young women.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “As alleged in the complaint, the suspects thought they could hide their crimes by laundering their illicit proceeds using money orders and other financial instruments; but their tricks were uncovered when they underestimated the resolve of law enforcement to follow the trail of money no matter where it leads. Postal Inspectors and their law enforcement partners are doing their part to, ‘turn off the red light,’ on the sex trafficking trade.”
DSS Special Agent in Charge Timothy W. Dumas said: “DSS continues to disrupt and dismantle transnational criminal organizations seeking to profit from the entry and illicit activities of vulnerable foreign nationals. This investigation demonstrates the global reach of the Diplomatic Security Service.”
According to the allegations contained in the Complaint unsealed today[1]:
Since 2012, the Diplomatic Security Service, United States Postal Inspection Service, United States Customs and Border Protection, and the United States Attorney’s Office for the Southern District of New York have been investigating money laundering in connection with a network of Korean brothels that are located in the New York metropolitan area.
These brothels, which are independently owned and operated, receive financing and advertising from common sources. KWANG KYU KIM, a/k/a “Kevin,” HYUN KYUNG HAN, a/k/a “Jay Hee,” and HONG NAE YI, a/k/a “Diane Yi,” provide financing for several brothels in Manhattan, including by issuing loans with high interest rates to Korean brothel owners and employees. KIM and YI also operate rotating credit associations in which individuals, who are often involved in the commercial sex industry, contribute a fixed amount each month and then receive the lump sum on a rotating basis. KIM, HAN, and YI have collectively provided or assisted in providing hundreds of thousands of dollars to finance new and existing brothels in Manhattan.
BEIRNE LOWRY, a/k/a “Michael,” TIEN CHIH WANG, and ZHENGYI LU, a/k/a “Allen,” provide advertising services to Korean brothels in Manhattan. LOWRY, WANG, and LU create and maintain individual websites for brothels, which include sexually suggestive photographs and coded language for specific commercial sex activities. LOWRY also registered and promoted a website that aggregated information and advertising for brothels in the New York metropolitan area. WANG and LU further coordinated online reviews for the brothels’ commercial sex services and facilitated the brothels’ purchase of commercial sex advertisements on third-party websites.
* * *
The defendants, KWANG KYU KIM, a/k/a “Kevin,” 62, of Queens, New York, HYUN KYUNG HAN, a/k/a “Jay Hee,” 49, of Queens, New York, HONG NAE YI, a/k/a “Diane Yi,” 59, of Queens, New York, BEIRNE LOWRY, a/k/a “Michael,” 59, of Manhattan, New York, TIEN CHIH WANG, 44, of Queens, New York, and ZHENGYI LU, a/k/a “Allen,” 35, of Queens, New York, are each charged with one count of conspiring to commit money laundering and one count of committing money laundering. Each count carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Nathan Rehn, Danielle Sassoon, and Elinor Tarlow are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Friday 12 October 2018
Woman Indicted in Scheme to “Straw Purchase” Guns in Indiana on Behalf of Convicted Felon in ChicagoRead the Press Release
CHICAGO — A Chicago woman has been indicted on federal firearm charges for conspiring to “straw purchase” handguns in Indiana on behalf of a convicted felon in Chicago.
MONICA NAVEJAR, 31, purchased the guns from licensed dealers in Indiana and falsely certified on federal forms that she was the actual buyer, according to an indictment returned in U.S. District Court in Chicago. In reality, Navejar purchased the guns on behalf of a convicted felon in Chicago whom Navejar knew was prohibited from legally purchasing firearms on his own, the indictment states. The felon directed Navejar to buy certain firearms that he wanted and then provided her with the purchase money, according to the charges.
The two-count indictment was returned Oct. 4, 2018, in federal court in Chicago. It charges Navejar with one count of conspiracy to knowingly make false statements and knowingly dispose of a firearm to a convicted felon, and one count of knowingly disposing of a firearm to a convicted felon. Arraignment is set for Oct. 16, 2018, at 11:00 a.m., before U.S. Magistrate Judge Maria Valdez.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Eddie Johnson, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Katherine Neff Welsh.
“Straw purchasers too often play a grave role in enabling the unlawful possession of guns and the senseless shootings that can follow,” said U.S. Attorney Lausch. “The U.S. Attorney’s Office and our law enforcement partners are committed to stopping the flow of guns to convicted felons or other prohibited individuals who cannot legally possess them.”
“Preventing the illegal selling and purchasing of firearms will always be a priority for ATF in conjunction with our local and federal partners,” said ATF SAC Nunez. “Straw purchasers must be held accountable for their role in bringing so many illegal guns into Chicago.”
“Anyone who knowingly puts a gun into the hands of a felon shows blatant disregard for the safety and security of our communities,” said FBI SAC Sallet. “We will continue to work with our law enforcement partners to hold accountable anyone who engages in these illicit transactions, which directly contribute to the gun violence plaguing our city.”
“It is important that we do whatever we can as a society to make sure that we prevent additional families from losing a loved one because a criminal was able to get their hands on a gun through illegal means - including straw purchases,” said CPD Supt. Johnson.
The indictment describes three handgun purchases in 2015 and 2017 in Hammond, Ind., and Gary, Ind. On one occasion, the felon accompanied Navejar to Indiana when one of the purchases was made, the indictment states. The charges also allege that Navejar provided the felon with other guns that Navejar had previously purchased for her own use.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge is punishable by a maximum sentence of five years in prison, while the charge of knowingly disposing a firearm to a felon is punishable by up to ten years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Wichita Man Charged in Bank RobberyRead the Press Release
WICHITA, KAN. – A Wichita man was charged in federal court today with robbing a local bank earlier this week, U.S. Attorney Stephen McAllister said.
Brent Allen Drees, 50, Wichita, Kan., is charged with one count of bank robbery. A criminal complaint and affidavit alleges that on Oct. 9 Drees robbed the Conway Bank at 121 E. Kellogg. Drees was wearing a baseball cap and jeans when he entered the bank and gave a teller a note saying, “Give me $3,000 and you won’t get hurt.”
Investigators identified Drees as a suspect and arrested him on Oct. 11.
Drees was released from Bureau of Prisons custody in July 2017 after serving a 46-month sentence for bank robbery.
The FBI Safe Streets Task Force investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Vallejo Man Sentenced to Six Years for Unlawful Possession of A FirearmRead the Press Release
SACRAMENTO, Calif. — Danny Lee Rhines, 34, of Vallejo, CA was sentenced on Thursday by United States District Judge Morrison C. England, Jr. to six years in prison for being a prohibited person in possession of a firearm, United States Attorney McGregor W. Scott announced.
According to court documents, in March 2018, officers of the Fairfield Police Department observed Rhines driving a Nissan Altima in Vallejo and tried to pull him over. Rhines, who was the sole occupant of the car, ran a red light and attempted to flee police. Officers were able to apprehend him after Rhines ran the car into a fence and it came to a stop. While officers were securing the car after Rhines' arrest, they found a Ruger .22-caliber pistol in the driver’s side door pocket. Rhines cannot lawfully possess a firearm because he has a prior felony conviction. Rhines pleaded guilty to the charge on July 5, 2018.
This case was the product of an investigation by the FBI Solano County Violent Crimes Task Force and the Fairfield Police Department. Assistant United States Attorneys Owen Roth and James Conolly prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
U.S. Attorney’s Office and FBI to Host 10th Annual Cybercrime Prevention SymposiumRead the Press Release
LOS ANGELES – The United States Attorney’s Office, the FBI, and a coalition of law enforcement agencies and community organizations will host the 10th Annual Cybercrime Prevention Symposium on Monday, October 15 at the California Endowment in Los Angeles. The day-long seminar for more than 450 educators, parents, and middle and high school students is marking 10 years of providing cutting-edge information on cybersafety and digital reputation.
The Symposium will address a wide range of cyber-related security and safety topics with speakers conducting informative discussions on issues that will include online exploitation of children and teens, cyberbullying, the implications of digital communication on health, digital reputation, navigating peer pressure, cyberabuse, internet dangers, and sextortion.
This year’s Symposium will feature an interactive presentation on sextortion by students from the Theatre Department at California State University, Northridge and the traditional lunchtime appearance of surprise celebrity guests from Disney television programs.
“It has become more important than ever for adults and children alike to have the necessary skills to stay safe in cyberspace,” said United States Attorney Nick Hanna. “For the past 10 years, this Symposium has played a significant and important role in presenting strategies that will help protect children from online threats.”
“Educating our youth is half the battle in combatting cyber criminals who target children with sextortion schemes, bullying, grooming and more,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “In ten years of participating in the cyber symposium, the FBI and our partners have educated hundreds of kids who know how to avoid being victimized as a result of attending this important event.”
Student teams from each of the schools attending this year’s Symposium will also be invited to participate in the 8th Annual Cybersafety Challenge. This contest asks attending students to develop a cybersafety program at their respective schools to educate the entire student body on the various risks associated with cybercrime. The contest promotes good cyber etiquette by challenging students to engage in creating the cybersafety programs. Students participating in this challenge will have their contest entries judged by a panel of experts, and the winning school will be announced in May 2019.
“With technology ever-expanding, our children are increasingly vulnerable targets for online predators and bullies,” said Los Angeles City Attorney Mike Feuer. “Partnering with law enforcement, educators, parents and students, we are working to address these threats to our kids’ safety and well-being.”
Organized under the aegis of the Inter-Agency Council on Child Abuse and Neglect (ICAN), law enforcement agencies participating in this year’s conference include the United States Attorney’s Office, the Federal Bureau of Investigation, the Los Angeles City Attorney’s Office, the Los Angeles County Sheriff’s Department, the Los Angeles District Attorney’s Office, and the Los Angeles Police Department - Internet Crimes Against Children Task Force (ICAC). The Cyber Crime Prevention Symposium is hosted this year by the Archdiocese of Los Angeles, and the planning committee also includes participation by Santa Monica-UCLA Medical Center, the Anti-Defamation League, Fox Entertainment Group, the Walt Disney Company, and Warner Bros. Entertainment.
“Children who are growing up in this high tech age are being targeted by online predators at an alarmingly high rate,” said Deanne Tilton Durfee, Executive Director for the ICAN. “This Symposium will provide participants with resources and tools to help children learn how to protect themselves and be safe in the cyber world, while enjoying all of the benefits of the fast-growing technologies.”
U.S. Attorney announces progress in making our communities safer through Project Safe NeighborhoodsRead the Press Release
ATLANTA – The U.S. Attorney for the Northern District of Georgia announces the one-year anniversary of the revitalization and enhancement of Project Safe Neighborhoods (PSN), a program that Attorney General Jeff Sessions designated as the centerpiece of the Department of Justice’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and to develop comprehensive solutions to address them. Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” said Attorney General Jeff Sessions. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs.”
“Our collaborative partnerships with federal, state and local law enforcement, as well as community stakeholders, have proven to be successful in reducing violent crime,” said U.S. Attorney Byung J. “BJay” Pak. “We are strategically and aggressively working to make our communities safer by keeping guns out of the hands of convicted felons, drug dealers, and gang members by identifying and prosecuting these violent repeat offenders.”
“The Project Safe Neighborhoods program has produced consistent results,” said ATF Special Agent in Charge Arthur Peralta. ”Our communities deserve to be safe from violent criminals and PSN allows ATF, and our federal, state and local partners, to focus on the criminals who choose to use guns to commit their crimes and terrorize our communities. ATF will continue to participate in and support this very important initiative. Anyone who shoots a gun in the commission of a crime is a danger to us all and it is imperative that we focus our efforts on identifying, investigating and arresting these criminals.”
As we celebrate the one-year anniversary of the revitalized PSN program, our office is able to highlight many of our PSN actions over the past year:
Enforcement Actions
PSN is working in partnership with local and state law enforcement to ensure that federal efforts are focused on the most violent offenders, by specifically:
- Maintaining ongoing efforts to reduce violent crime in the English Avenue neighborhood of Atlanta and by also identifying additional communities in Clayton, Henry, and Troup Counties as PSN target enforcement areas. These enhanced enforcement efforts include targeted crime prevention in neighborhood schools and focused deterrence concerning gang-affiliated offenders currently incarcerated, but pending release back into local communities; and
- Building on the success of the District’s Violent Repeat Offender (VRO) program implemented in 2012 in metro Atlanta to address persistent violent crime. The VRO initiative was expanded to include the Rome, Gainesville, and Newnan Divisions. Read more about the VRO program here.
The U.S. Attorney’s Office for the Northern District of Georgia prosecuted the following cases as a part of PSN’s increased focus on targeting drivers of violence within our local communities:
- United States v. Jeffrey Alan Bourassa, et al.: Twenty-three members and associates of the Ghostface Gangsters prison gang were charged in a 21-count indictment on February 8, 2018, in relation to conduct ranging from wire fraud to murder. The Ghostface Gangsters originated in the Cobb County, Georgia, jail in 2000 and has since spread through Georgia jails, prisons, and beyond. Read more on this case here.
- United States v. Terrance Rainey, et al.: Terrance Rainey, Latrell Parson, Talante Fisher-Bland, Brittni Dixon, Martavius Askew, and Donnisha Miles were sentenced for trafficking 33 firearms from Georgia to New York. Law enforcement officers recovered several of the guns from convicted felons who had used the firearms in committing various crimes in New York. Read more on this case here.
- United States v. Sherman Jackson, et al.: Sherman Jackson, William Jackson, Gerren Johnson, and Brendan Person were sentenced for their respective roles in a criminal scheme to unlawfully ship firearms to more than 10 countries. The defendants sold more than 70 firearms to international buyers at extremely marked-up prices. ATF coordinated with its international law enforcement partners to recover firearms sold by the defendants in Australia, Austria, Belgium, Canada, Denmark, France, Germany, Ireland, Kazakhstan, the Netherlands, Russia, Sweden, the United Kingdom, and Zambia. Read more on this case here.
Additionally, the correlation between domestic violence and firearms pose a significant risk to families and public safety, and our office now supports local prosecutors and law enforcement whose efforts may be hampered by a combination of weak state firearms laws and overburdened court systems. For example, it is not a crime under Georgia state law for an individual convicted of family violence battery to possess a firearm. Our office is utilizing the revitalized PSN program to fill this prosecutorial gap.
Community PartnershipsOur office also implemented a comprehensive crime prevention and reentry strategy to complement PSN’s enforcement efforts by partnering with agencies such as the Georgia Department of Juvenile Justice, the Georgia Department of Corrections, the Georgia Department of Community Supervision, EGRESS Consultants and Services, LLC, the Offender Alumni Association, and Freedom is a Choice, Inc. Read more about these partnerships here.
Improvements to Community Safety- The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- The preliminary information for 2018 provides optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
- In our District, violent crime arrests slightly declined from 2016 to 2017. For example, in 2017 charges for gang members decreased thirty-two percent compared to 2016. Gang member arrests involving guns also dropped by one-third and their violent-felony crime arrests were down by forty percent.
- In addition, ATF’s ongoing response to the spike in gun trafficking led to a dramatic decrease in the number of thefts from gun stores. For example,
- In 2013, the ATF received reports of 25 burglaries of licensed gun dealers in Georgia resulting in thefts of 338 guns.
- In 2014, the ATF received reports of 34 burglaries of licensed gun dealers in Georgia with a loss of 307 guns.
- In 2015, the ATF received reports of 33 burglaries of licensed gun dealers in Georgia resulting in thefts of 429 guns.
- In 2016, ATF received reports of burglaries of 50 federally licensed firearms dealers in Georgia, with a staggering increase in thefts of more than 1,000 firearms.
- In 2017, the ATF received reports of 23 burglaries of licensed gun dealers in Georgia, with a substantial decrease in thefts of 241guns.
- So far in 2018, 15 burglaries of federally licensed firearms dealers have been reported, resulting in thefts of 259 guns.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Learn more about Project Safe Neighborhoods.
For the referenced cases, members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.- Maintaining ongoing efforts to reduce violent crime in the English Avenue neighborhood of Atlanta and by also identifying additional communities in Clayton, Henry, and Troup Counties as PSN target enforcement areas. These enhanced enforcement efforts include targeted crime prevention in neighborhood schools and focused deterrence concerning gang-affiliated offenders currently incarcerated, but pending release back into local communities; and
U.S. Attorney Thomas L. Kirsch II Announces Progress in Making our Communities Safer through Project Safe NeighborhoodsRead the Press Release
One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“During the past 12 months, federal firearm related prosecutions have increased more than 20 percent throughout Northern Indiana. PSN is a proven strategy, and we will continue to work with our local, state and federal partners on this important initiative to reduce violent crime throughout the district, which is a high priority of my office,” announced U.S. Attorney Kirsch.
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
The U.S. Attorney personally meets with local law enforcement heads on a regular basis to guide the effort while members of his staff work with local law enforcement to identify the most dangerous offenders who will be prosecuted in federal court. Federal and state law enforcement regularly work together to share crime intelligence information to identify the most violent members of our community. During the past year, federal prosecutors and federal law enforcement agencies, working in conjunction with local law enforcement officials and prosecutors, have identified several groups of individuals who drive the violence in our community and have prosecuted members of those groups.
Community Partnerships
The South Bend Group Violence Intervention Program (SBGVI) unites community leaders from law enforcement, government, education, civil service, and faith-based agencies in an effort to reduce gun violence in South Bend. A centerpiece of this strategy is the critical analysis of crime data to identify groups that drive violence in the South Bend community and to focus crime prevention efforts on those groups. A means of strategic communication with identified groups is through the use of periodic “call in” meetings. The aim of the call in meeting is, by speaking to the 15-25 group connected individual invitees, spreading these SBGVI’s core messages: (1) the Community demands that gun violence must stop; (2) law enforcement will bring focused attention on any group that chooses to ignore the Community’s message and continues to engage in gun violence and; (3) the Community’s offer of social service assistance to persons who wish to embark on a path away from violence is real and robust. The law enforcement partners, based on review and analysis of violent crime data, implement enforcement actions against members and associates of groups/gangs that continue to engage in violent criminal activity. “In addition to call-in meetings, strategic communication through “custom notifications” to high risk individuals are increasingly used.”SBGVI has also recently added an outreach team whose goal is to foster relationships in the community and make citizens more comfortable with reporting information without fear of reprisal.
Like South Bend, Gary employs a group violence reduction strategy under the guidance of the National Network for Safe Communities. The strategy in Gary also includes call in meetings, custom notifications and social services outreach/support.
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
- In South Bend, the number of people shot has dropped by 33 percent during the first three quarters of 2018 compared to the same time last year.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
U.S. Attorney Christina Nolan Highlights Progress in Making Our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Jeff Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in Vermont and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders. The U.S. Attorney’s Office has partnered with all levels of law enforcement, local organizations and community stakeholders to reduce violent crime and make our state safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
U.S. Attorney Christina Nolan stated: “There is no place for violence in Vermont in any context, whether it be in the home, in relation to the drug trade, or in connection with property crime. The U.S. Attorney’s Office is committed to prioritizing anti-violence prosecutions. We will work tirelessly to root out violence across the state, and always in close collaboration with community organizations, federal, state, local, and county law enforcement, the Vermont Attorney General’s Office, and state prosecutors. As we continue to work in unity, as a single Vermont law enforcement team, we will send a message of zero tolerance to those who commit senseless violence and flout firearms laws, and we will create safer and more peaceful communities for Vermonters.”
Achievements
As we celebrate the one-year anniversary of the revitalized PSN program, here are some highlights of the U.S. Attorney’s Office PSN program over the past year:
- In January 2018, Assistant U.S. Attorney Wendy Fuller was appointed the Violent Crime Coordinator to oversee PSN prosecutions and initiatives in Vermont and to conduct intake of U.S. Attorney’s Office violent crime cases.
- The U.S. Attorney’s Office has strengthened relationships, communication, and partnerships at all levels of law enforcement in Vermont, and in every corner of the state, in order to maximize our cooperation in violent crime cases. In particular, the U.S. Attorney meets regularly, in person, with each State’s Attorney to ensure close collaboration in all matters, including violence and gun crime.
- The U.S. Attorney’s Office established a PSN Task Force, comprised of federal, state, and local agencies and community partners. The mission of the Task Force is to collaborate in violent crime cases and regularly communicate intelligence concerning top violent crime offenders, discuss trends in violent crime, and share best practices and violence prevention strategies. Members of the Task Force come from northern and southern Vermont.
- The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives have conducted numerous trainings for state, county and local law enforcement throughout the state. These sessions cover the scope and interplay of state and federal gun laws, federal case intake procedures, and violent crime investigative resources available to law enforcement at all levels.
- The U.S. Attorney’s Office requested and received three new, full-time Assistant U.S. Attorneys, increasing its AUSA ranks by more than 15 percent. These new resources will allow the U.S. Attorney’s Office to increase its violent crime caseload and provide greater support to our state and local partners.
Enforcement Actions
- The U.S. Attorney’s Office continues to deploy resources to support our partners, to bring charges in cases of violence, and to bring justice to violent crime offenders. Case highlights from the past year include:
- On 8/21/2018, Richard Monroe was sentenced to 25 years in prison following his conviction for shooting and killing Kevin DeOliveira in Burlington in connection with a cocaine dispute. Read more www.justice.gov/usao-vt/pr/richard-monroe-sentenced-twenty-five-years-prison-connection-murder-kevin-deoliveira
- On 6/1/2018, Howard Hoisington was sentenced to 24 years in prison following his conviction for setting two individuals on fire in Barre (and killing one) in connection with the drug trade. Read more www.justice.gov/usao-vt/pr/howard-hoisington-sentenced-24-years-prison-fatal-arson-case
- On 8/16/2018, Michael Bickford was sentenced to 8 years in prison following his conviction for conduct in Springfield involving bank robbery at gunpoint, attempted kidnapping, carjacking, and a standoff with police. Read More www.justice.gov/usao-vt/pr/perkinsville-man-sentenced-armed-pharmacy-and-bank-robbery-case
- Over the past year, an operation in Barre, supported with Organized Crime Drug Enforcement Task Force (OCDETF) funds, led to state and federal charges against 58 defendants, and to the seizure of 71 firearms, 2,187 rounds of ammunition, 888 bags of heroin, and 161 grams of crack cocaine. This operation exemplifies the positive impacts and support that federal OCDETF funds can provide to local law enforcement and communities.
- On 9/13/2018, five St. Albans individuals were indicted for straw purchasing a total of approximately 30 firearms and trading them to drug dealers in Massachusetts. Read more www.justice.gov/usao-vt/pr/five-arrested-and-charged-straw-purchasers-30-firearms
Community Partnerships
Circle, a nonprofit serving victims and survivors of domestic violence, has joined the PSN effort and was recently approved as a fiscal agent for federal PSN grant funding awarded to Vermont. Circle will join with law enforcement in helping to educate Vermonters about violent crime and domestic violence and devising and implementing violence prevention strategies throughout the state.
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that, following historic increases in violent crime, the nationwide violent crime rate began to decline. Specifically, the nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- Preliminary information for 2018 gives reason for optimism that our PSN efforts are producing positive results. Public data from 60 major American cities shows that violent crime decreased by nearly five percent in those cities in the first six months of 2018, compared to the same period a year ago.
- Vermont saw a 20 percent decrease in homicides from 2016 to 2017. In 2018, year to date, homicides in Vermont are down nearly 50 percent from 2016. In 2018, year to date, homicides arising from domestic violence are down more than 30 percent. Moreover, robberies in Vermont decreased nearly 25 percent from 2016 to 2017. In 2018, year to date, robberies are down more than 50 percent from 2016.
These data reveal what the Vermont law enforcement community knows: by working together, side-by-side, we reduce violence and gun crime and keep our communities safe. There is much work ahead. We will continue to forge strong partnerships with law enforcement agencies and community stakeholders to promote justice and peace for Vermonters.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
U.S. Attorney Adam Braverman Announces Progress in Making our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
NEWS RELEASE SUMMARY – October 12, 2018
SAN DIEGO – One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. This program focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. PSN brings together a wide array of community leaders to identify the most pressing violent crime problems and develop comprehensive solutions to address them.
In the Southern District of California (SDCA), the PSN program operates primarily as a collaboration between the United States Attorney’s Office and the San Diego County District Attorney’s Office. Utilizing intelligence from both local and federal law enforcement, these two prosecutorial offices (the largest two in the region) work to determine which jurisdiction (state or federal) will be able to provide the greatest impact for the community. In the past year, the PSN partnership has frequently resulted in the deployment of federal enforcement resources against violent offenders who might face a much smaller sanction in state court.
Nationally, the FBI’s official crime data for 2017 reflects that the violent crime rate decreased by approximately one percent in 2017, while the homicide rate decreased by nearly one and a half percent. Locally, San Diego has achieved its lowest crime rate in the past 49 years and we had the lowest violent crime rate of America’s largest cities last year. A recent SANDAG (San Diego Association of Governments) report indicates that guns are used less often in violent crimes in San Diego than the national average.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“San Diego’s violent crime rate was the lowest of every major city in the nation last year due to effective partnerships,” stated U.S. Attorney Adam Braverman. “Our federal prosecutors work hand-in-hand with local law enforcement agencies to successfully prosecute significant cases involving guns, drugs and gangs and to collaborate on evidence-based prevention efforts. This approach has delivered clear results in the form of safer neighborhoods.”
Between fiscal year 2017 and fiscal year 2018, cases designated and prosecuted by the United States Attorney’s Office under the Project Safe Neighborhoods Program rose 75 percent; from approximately 79 cases in 2017 to 139 cases in fiscal year 2018. These increases occurred at the same time as the United States Attorney’s Office increased the number of cases brought in other priority areas including narcotics trafficking and immigration enforcement. Efforts to increase prosecutions for fiscal year 2019 are already underway. Three recent examples highlight the types of the cases brought for federal prosecution, all aimed at making the Southern District of California safer:
- On September 6, 2018, Lorne Turman pleaded guilty in federal court for his role in a series of armed robberies throughout San Diego County. See U.S. v. Bickham, et al., 18-CR-2557-JLS. In his plea agreement, Turman admitted that he used a shotgun to rob a series of local businesses (known to local media as the “Grinch Bandit” robbery series). Under the terms of the agreement, the United States will be recommending a 42-year prison sentence for Turman.
- On July 18, 2018, Tony Hwong, a Westside Luni Mob gang member, was sentenced to 10 years in federal prison for possessing a firearm while selling methamphetamine. See U.S. v. Hwong, 18-CR-059-WQH. Hwong was originally arrested by members of the San Diego Police Department during a probation sweep but was diverted for federal prosecution based on the threat he posed to the community.
- On October 2, 2018, Chad Kipper, the former CEO of the Freedom Fighters Foundation, was convicted of felony gun trafficking. See U.S. v. Kipper, 18-CR-2460-BAS. Kipper admitted that he had falsely claimed to be an Arizona resident during fourteen firearms-purchases in Arizona during 2016. Learn more about Kipper’s prosecution.
The United States Attorney’s Office furthers PSN’s prevention mission by convening stakeholders, forging diverse partnerships, providing mentors, and using the following novel approaches to reduce violent crime:
- Because youth are often groomed and recruited by gangs before middle school, the USAO partnered with community groups as well as county health, local law enforcement and school officials to launch “Success Agents,” an innovative program that offers at-risk 4th graders at Porter Elementary mentors and wrap-around support from 4th through 8th grade. A USAO-led team meets weekly with Success Agents kids, providing interactive workshops to improve decision-making, foster relationships and academic achievement, and expand horizons. Based on promising initial results, the San Diego Juvenile Justice Commission honored Success Agents for impressive teamwork in action and the San Diego District Attorney’s Office expanded it earlier this year to an additional elementary school.
- The USAO coordinates an 8-week Project Lead program in targeted elementary schools in a Southeast San Diego neighborhood affected by gangs and violent crime. The team’s efforts significantly expanded youth education on drug, alcohol and gang refusal skills, preparing more than 1,500 vulnerable 5th graders to make wise choices when asked to join gangs, use drugs, tag a building, or skip school. The program also builds strong relationships between students and federal law enforcement agents from many agencies, including the USAO, CBP, the Secret Service, and the U.S. Marshal’s Service.
- The USAO participates in the city’s creative Community Assistance Support Team (CAST), a stakeholder group designed to curb gang violence by partnering police with former gang and community members. Members work together immediately after shootings to prevent retaliation and escalation. Through CAST, the USAO meets regularly with police officers, Deputy Sheriffs, community activists, local pastors and community leaders to review violent incidents, discuss resources and needs, share information, and solve problems.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
U.S. Army Reservist, Who Exploited Opioid Addictions of Young Women, Convicted of Sex Trafficking and Related OffensesRead the Press Release
Defendant forced victims struggling with opioid addictions to prostitute for his profit
Xaver M. Boston, 29, of Charlotte, North Carolina, was convicted yesterday by a federal jury of six counts of sex trafficking and one count of using an interstate facility to promote a prostitution enterprise. The verdict was announced by Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney R. Andrew Murray of the Western District of North Carolina, and Special Agent in Charge John Strong of the FBI Charlotte, North Carolina, Field Division. U.S. District Judge Robert J. Conrad, Jr. presided over the trial.
Evidence presented during the three day trial, including the testimony of three of the four victims identified in the indictment by their initials, revealed that Boston, who served in the U.S. Army as a reserve military policeman, operated an extensive sex trafficking enterprise in the Charlotte area between 2012 and September 2017, except for a brief period when he was deployed overseas. Boston recruited the victims—young women and one teenager who were all struggling with drug addictions—by promising to provide them with a place to live and drugs to feed their addictions. He also falsely promised them a house, car, and other material possessions. Boston then advertised them on Backpage.com for prostitution and collected the proceeds for his own profit.
After recruiting the victims, Boston controlled their supply of highly addictive drugs such as heroin and hydrocodone pills. Without the drugs, the victims would experience excruciating physical and mental pain and withdrawal symptoms. In order to coerce the victims to prostitute, Boston withheld their drugs until after they completed commercial sex acts, and he withheld it as punishment if they failed to turn over all of the prostitution proceeds or otherwise violated his rules.
Evidence presented at trial also showed that Boston used violence to control and coerce the victims on occasion. For example, he choked one victim on multiple occasions, and he punched and slapped others as well. Boston also used a pistol to strike one victim in the face, breaking her nose.
“The defendant in this case preyed upon young vulnerable women, exploiting their drug addictions and forcing them to engage in prostitution for his own profit,” said Acting Assistant Attorney General Gore. “The Civil Rights Division will continue its vigorous efforts to work with our federal and state partners to hold human traffickers accountable and vindicate the rights of victims.”
“Boston is a predator who ran a criminal enterprise that violated the most basic standards of human decency,” said U.S. Attorney Murray. “The defendant preyed on and abused vulnerable young women with the intention of exploiting them for his financial gain, and used violence and drugs to exert his control. My office will continue to prosecute sex traffickers and work with our law enforcement partners to identify those who engage in this illegal, dehumanizing business.”
“Xaver Boston promised his victims a better life, instead he robbed them of their civil rights and freedom to make a profit, now he will pay the price. The FBI devotes a significant amount of resources to help sex trafficking victims recover from the trauma they suffer at the hands of ruthless people like Boston,” said John Strong, Special Agent in Charge of the FBI in North Carolina.
After deliberating for seven hours, the jury found the defendant guilty of seven out of nine counts contained in the indictment. Boston is currently in federal custody. Each sex trafficking charge carries a minimum sentence of 15 years in prison and a maximum sentence of life, mandatory restitution and a $250,000 fine. A sentencing date has not been set.
The case was investigated by the FBI Charlotte, North Carolina, Field Division with assistance from the Charlotte-Mecklenburg Police Department. The case is being prosecuted by Assistant U.S. Attorney Kimlani M. Ford of the Western District of North Carolina and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
U.S. Army Reservist, Who Exploited Opioid Addictions of Young Women, Convicted of Sex Trafficking and Related OffensesRead the Press Release
CHARLOTTE, N.C. – Xaver M. Boston, 29, of Charlotte, North Carolina, was convicted yesterday by a federal jury of six counts of sex trafficking and one count of using an interstate facility to promote a prostitution enterprise. The verdict was announced by Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Andrew Murray of the Western District of North Carolina, and Special Agent in Charge John Strong of the FBI Charlotte, North Carolina, Field Division. U.S. District Judge Robert J. Conrad, Jr. presided over the trial.
Evidence presented during the three day trial, including the testimony of three of the four victims identified in the indictment by their initials, revealed that Boston, who served in the U.S. Army as a reserve military policeman, operated an extensive sex trafficking enterprise in the Charlotte area between 2012 and September 2017, except for a brief period when he was deployed overseas. Boston recruited the victims—young women and one teenager who were all struggling with drug addictions—by promising to provide them with a place to live and drugs to feed their addictions. He also falsely promised them a house, car, and other material possessions. Boston then advertised them on Backpage.com for prostitution and collected the proceeds for his own profit.
After recruiting the victims, Boston controlled their supply of highly addictive drugs such as heroin and hydrocodone pills. Without the drugs, the victims would experience excruciating physical and mental pain and withdrawal symptoms. In order to coerce the victims to prostitute, Boston withheld their drugs until after they completed commercial sex acts, and he withheld it as punishment if they failed to turn over all of the prostitution proceeds or otherwise violated his rules.
Evidence presented at trial also showed that Boston used violence to control and coerce the victims on occasion. For example, he choked one victim on multiple occasions, and he punched and slapped others as well. Boston also used a pistol to strike one victim in the face, breaking her nose.
“The defendant in this case preyed upon young vulnerable women, exploiting their drug addictions and forcing them to engage in prostitution for his own profit,” said Acting Assistant Attorney General Gore. “The Civil Rights Division will continue its vigorous efforts to work with our federal and state partners to hold human traffickers accountable and vindicate the rights of victims.”
“Boston is a predator who ran a criminal enterprise that violated the most basic standards of human decency,” said U.S. Attorney Murray. “The defendant preyed on and abused vulnerable young women with the intention of exploiting them for his financial gain, and used violence and drugs to exert his control. My office will continue to prosecute sex traffickers and work with our law enforcement partners to identify those who engage in this illegal, dehumanizing business.”
“Xaver Boston promised his victims a better life, instead he robbed them of their civil rights and freedom to make a profit, now he will pay the price. The FBI devotes a significant amount of resources to help sex trafficking victims recover from the trauma they suffer at the hands of ruthless people like Boston,” said John Strong, Special Agent in Charge of the FBI in North Carolina.
After deliberating for seven hours, the jury found the defendant guilty of seven out of nine counts contained in the indictment. Boston is currently in federal custody. Each sex trafficking charge carries a minimum sentence of 15 years in prison and a maximum sentence of life, mandatory restitution and a $250,000 fine. A sentencing date has not been set.
The case was investigated by the FBI Charlotte, North Carolina, Field Division with assistance from the Charlotte-Mecklenburg Police Department. The case is being prosecuted by Assistant U.S. Attorney Kimlani M. Ford of the Western District of North Carolina and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Two from Northeast Ohio indicted on federal firearms chargesRead the Press Release
Two men from Northeast Ohio were indicted on federal firearms charges.
Ronnie Edward Calton, 39, of Streetsboro, and Jaron Parrish, 27, of Cleveland, were each charged with being a felon in possession of a firearm and ammunition.
Calton on Sept. 21 possessed a Smith & Wesson 9 mm pistol and ammunition, despite having been previously convicted of illegally assembly or possession of chemicals to manufacture a controlled substance, according to the indictment.
Parrish on Aug. 20 possessed an Intratech 9 mm pistol and 40 rounds of ammunition, despite having been previously convicted of burglary, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique
to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The Calton case was investigated by the Cuyahoga Metropolitan Housing Authority Police Department and RAVEN Task Force. It is being prosecuted by Assistant U.S. Attorneys Kelly Galvin and Margaret Kane.
The Parrish case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Traders Charged, and Two Have Agreed to Plead Guilty, in Connection with More Than $60 Million Commodities Fraud and Spoofing ConspiracyRead the Press Release
HOUSTON - Three former commodities traders of a New York-based financial services firm (Trading Firm A) were charged yesterday for their alleged participation in an over $60 million commodities fraud and spoofing conspiracy that was perpetrated through the U.S. commodities markets. Two of these traders have agreed to plead guilty for their respective roles in the criminal conspiracy.
U.S. Attorney Ryan K. Patrick, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Jeffrey S. Sallet of the FBI’s Chicago Field Office made the announcement.
Yuchun “Bruce” Mao, 39, a citizen of the People’s Republic of China, was indicted on one count of conspiracy to commit commodities fraud, two counts of commodities fraud and two counts of spoofing. Kamaldeep Gandhi, 36, of Chicago, was charged by criminal information with two counts of conspiracy to engage in wire fraud, commodities fraud and spoofing. Krishna Mohan, 33, of New York, New York, was charged by criminal information with one count of conspiracy to engage in wire fraud, commodities fraud and spoofing.
“The Southern District of Texas aggressively prosecutes white collar crime,” said Patrick. “Home to the second most Fortune 500 companies in the nation, our Houston division is uniquely suited to prosecute white collar fraud in whatever form it comes, and we enjoy terrific relationships with law enforcement partners around the country and from around the world.”
“As alleged in today’s charges, these individuals engaged in a sophisticated scheme to distort the futures market for their own advantage by placing large ‘spoofed’ trading orders that they never intended to execute,” said Benczkowski. “Investor trust is the cornerstone of our trading markets, and the Criminal Division will aggressively investigate and prosecute those who undermine that trust by engaging in spoofing or any other illegal conduct.”
“These charges demonstrate the FBI’s firm commitment to hold accountable those who seek to deceive and defraud the public,” said Sallet. “Such schemes cannot be allowed to threaten confidence in the free market, which represents one of many strengths of our great nation. We will continue to work together to aggressively pursue anyone who undermines the integrity of our financial markets and disregards the rule of law.”
The indictment alleges Mao was co-head of a trading team that traded commodities on behalf of Trading Firm A, working in Chicago and New York. The indictment alleges that from in or around March 2012 through in or around March 2014, Mao and others conspired to mislead the markets for E-Mini S&P 500 and E Mini NASDAQ 100 futures contracts traded on the Chicago Mercantile Exchange (CME) and E-Mini Dow futures contracts traded on the Chicago Board of Trade (CBOT). The indictment further alleges Mao and his co-conspirators deceived market participants and manipulated markets by placing thousands of orders that they did not intend to execute, or “spoof orders,” in order to create the false and misleading appearance of increased supply or demand. Market participants that traded futures contracts in these three markets while the spoof orders distorted market prices incurred market losses of over $60 million. Mao and his co-conspirators are alleged to have placed these spoof orders in order to benefit themselves Trading Firm A.
Count one of the criminal information alleges Gandhi conspired, with Mao and others, to commit the underlying offenses while employed at Trading Firm A. Count two of the criminal information alleges that, from in or around May 2014 through in or around October 2014, Gandhi, while employed at a second Chicago-based trading firm (Trading Firm B), conspired with others to mislead the markets for E-Mini S&P 500 futures contracts traded on the CME by agreeing to place, and himself placing, spoof orders for E-Mini S&P 500 futures contracts in order to create the false and misleading appearance of increased supply or demand. Gandhi has agreed to plead guilty to the charges in the criminal information.
The charges against Mohan arise from his participation in the conspiracy alleged above while employed at Trading Firm A. Mohan has agreed to plead guilty to the charge in the criminal information.
The FBI’s Chicago Field Office is investigating the case. Assistant U.S. Attorney John Lewis and Trial Attorneys Mark Cipolletti, Jeffery Le Riche and Matthew Sullivan of the Criminal Division’s Fraud Section are prosecuting the case. The CFTC’s Division of Enforcement provided substantial assistance in this case.
The charges in the indictment and the two criminal informations are merely allegations. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website for more information.
Three Traders Charged, and Two Agree to Plead Guilty, in Connection with over $60 Million Commodities Fraud and Spoofing ConspiracyRead the Press Release
Three former commodities traders of a New York-based financial services firm (“Trading Firm A”) were charged yesterday for their alleged participation in an over $60 million commodities fraud and spoofing conspiracy that was perpetrated through the U.S. commodities markets. Two of these traders have agreed to plead guilty for their respective roles in the criminal conspiracy.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas and Special Agent in Charge Jeffrey S. Sallet of the FBI’s Chicago Field Office made the announcement.
Yuchun “Bruce” Mao, 39, a citizen of the People’s Republic of China, was indicted on one count of conspiracy to commit commodities fraud, two counts of commodities fraud and two counts of spoofing. Kamaldeep Gandhi, 36, of Chicago, was charged by criminal information with two counts of conspiracy to engage in wire fraud, commodities fraud and spoofing. Krishna Mohan, 33, of New York, New York, was charged by criminal information with one count of conspiracy to engage in wire fraud, commodities fraud, and spoofing.
“As alleged in today’s charges, these individuals engaged in a sophisticated scheme to distort the futures market for their own advantage by placing large ‘spoofed’ trading orders that they never intended to execute,” said Assistant Attorney General Benczkowski. “Investor trust is the cornerstone of our trading markets, and the Criminal Division will aggressively investigate and prosecute those who undermine that trust by engaging in spoofing or any other illegal conduct.”
“The Southern District of Texas aggressively prosecutes white collar crime,” said U.S. Attorney Patrick. “Home to the second most Fortune 500 companies in the nation, our Houston division is uniquely suited to prosecute white collar fraud in whatever form it comes, and we enjoy terrific relationships with law enforcement partners around the country and from around the world.”
“These charges demonstrate the FBI’s firm commitment to hold accountable those who seek to deceive and defraud the public,” said Special Agent in Charge Sallet. “Such schemes cannot be allowed to threaten confidence in the free market, which represents one of many strengths of our great nation. We will continue to work together to aggressively pursue anyone who undermines the integrity of our financial markets and disregards the rule of law.”
The indictment alleges that Mao was co-head of a trading team that traded commodities on behalf of Trading Firm A, working in Chicago and New York. The indictment alleges that from in or around March 2012 through in or around March 2014, Mao and others conspired to mislead the markets for E-Mini S&P 500 and E‑Mini NASDAQ 100 futures contracts traded on the Chicago Mercantile Exchange (CME), and E-Mini Dow futures contracts traded on the Chicago Board of Trade (CBOT). The indictment further alleges that Mao and his co-conspirators deceived market participants and manipulated markets by placing thousands of orders that they did not intend to execute, or “spoof orders,” in order to create the false and misleading appearance of increased supply or demand. Market participants that traded futures contracts in these three markets while the spoof orders distorted market prices incurred market losses of over $60 million. Mao and his co-conspirators are alleged to have placed these spoof orders in order to benefit themselves Trading Firm A.
Count one of the criminal information alleges that Gandhi conspired, with Mao and others, to commit the underlying offenses while employed at Trading Firm A. Count two of the criminal information alleges that, from in or around May 2014 through in or around October 2014, Gandhi, while employed at a second Chicago-based trading firm (identified in the information as “Trading Firm B”), conspired with others to mislead the markets for E-Mini S&P 500 futures contracts traded on the CME by agreeing to place, and himself placing, spoof orders for E-Mini S&P 500 futures contracts in order to create the false and misleading appearance of increased supply or demand. Gandhi has agreed to plead guilty to the charges in the criminal information.
The charges against Mohan arise from his participation in the conspiracy alleged above while employed at Trading Firm A. Mohan has agreed to plead guilty to the charge in the criminal information.
The FBI’s Chicago Field Office is investigating the case. Trial Attorneys Mark Cipolletti, Jeffery Le Riche and Matthew Sullivan of the Criminal Division’s Fraud Section, and Assistant U.S. Attorney John Lewis of the Southern District of Texas are prosecuting the case. The CFTC’s Division of Enforcement provided substantial assistance in this case.
The charges in the indictment and the two criminal informations are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Individuals who believe that they may be a victim in these cases should visit the Fraud Section’s Victim Witness website for more information.
Three Nebraska Farmers Plead Guilty to Fraud Involving Sales of Grain Fraudulently Marketed as OrganicRead the Press Release
Three farmers from Nebraska who grew grain that was not organic but who knew that the grain was being marketed and sold as organic pled guilty today in federal court in Cedar Rapids.
Tom Brennan, age 70, James Brennan, age 40, and Mike Potter, age 41, all from Overton, Nebraska, were each convicted of one count of wire fraud.
At their respective plea hearings, each man admitted to growing grain between 2010 and 2017 that was not organic. Each further admitted that they knew the grain was being marketed and sold as organic, even though it was not in fact organically grown. The charging documents allege that, during the 2010 to 2017 period, each of the three farmers received more than $2.5 million for grain marketed as organic.
Sentencing before United States District Court C.J. Williams will be set after a presentence report is prepared. All three men were released on bond pending further proceedings. Each faces a possible maximum sentence of 20 years’ imprisonment, at least a $250,000 fine, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the United States Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-CR-2058, 18-CR-2059, and 18-CR-2060.
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Three Florida Men Sentenced for Roles in Interstate Opioid Trafficking ConspiracyRead the Press Release
BOSTON – Three Florida men were sentenced in federal court in Boston for their roles in an opioid trafficking conspiracy across Massachusetts and Florida.
Craig Drummond, 27, of Sunny Isles Beach, Fla., was sentenced today by U.S. District Court Judge Denise J. Casper to 10 months in prison and two years of supervised release. In March 2018, Drummond pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute oxycodone and one count of conspiracy to launder monetary instruments.
Darren Infante, 27, of Miami, Fla., was sentenced today by Judge Casper to time served and two years of supervised release, including seven months of home detention. In August 2017, Infante pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute oxycodone.
Jenssi Astacio, 32, of Sunny Isles Beach, Fla., was sentenced yesterday by Judge Casper to 70 months in prison and three years of supervised release. In April 2018, Astacio pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute oxycodone and one count of conspiracy to launder monetary instruments.
In March 2017, Astacio, Drummond, Infante, and seven others were arrested and charged. The arrests were the result of a three-year investigation that began in 2014. The defendants conspired to transport sizeable quantities of oxycodone from Miami, Fla., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sales were then transported and/or transferred back to Florida and laundered in various ways.
Astacio shipped - and directed other co-conspirators to ship - large quantities of oxycodone pills from Florida to Massachusetts, negotiated with other co-conspirators the sale of oxycodone pills for redistribution, and directed co-conspirators to use bank accounts to launder the cash proceeds of their illicit sale of drugs. Drummond shipped sizeable quantities of oxycodone from Miami to Massachusetts, where it was distributed in the greater Boston area, and Infante shipped eight packages containing oxycodone from Miami to various addresses in Massachusetts for distribution.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton and Waltham Police Departments. Assistant U.S. Attorneys Nadine Pellegrini and Craig Estes of Lelling’s Narcotics and Money Laundering Unit are prosecuting the cases.
Suburban Chicago Man Guilty of Trying to Illegally Export Guns and Ammunition to HaitiRead the Press Release
CHICAGO — A suburban Chicago man has admitted in federal court that he tried to illegally export nearly two dozen guns and ammunition to Haiti from Illinois.
PATRICK GERMAIN, 45, of Evanston, Ill., pleaded guilty to one count of knowingly and fraudulently attempting to export firearms contrary to the laws and regulations of the United States. In a written plea agreement, Germain admitted that in 2016 he planned to illegally export 16 handguns, five shotguns, a rifle and ammunition from Evanston to Haiti by way of Miami, Fla. Germain built a plywood container, filled it with the guns and ammunition, and then hid it inside a cargo van, the plea agreement states. The van was then delivered to a shipping company in Miami but law enforcement seized it before it could be transported to Haiti.
The guilty plea was entered Tuesday in federal court in Chicago. It carries a maximum sentence of ten years in prison. U.S. District Judge Joan Humphrey Lefkow set sentencing for Jan. 29, 2019.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Dan Clutch, Special Agent-in-Charge of the Chicago Field Office of the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Valuable assistance was provided by U.S. Customs and Border Protection and the Illinois State Police. The government is represented by Assistant U.S. Attorney William Dunne.
According to the plea agreement, Germain in June 2016 purchased the firearms and ammunition from dealers in Illinois. Germain also purchased three vehicles, including the cargo van that he would later use to transport the concealed firearms and ammunition. He then hired an Illinois company to deliver the three vehicles to Miami, where Germain had arranged for a Florida shipping company to transport the vehicles to Haiti.
When asked by the Illinois company why the cargo van appeared to be overweight, Germain represented to the driver that the added weight was due to furniture in the backseat. Germain also misled the Florida shipping company by not notifying them that the cargo van was filled with guns and ammunition, according to the plea agreement.
Stuart Doctor Charged in Twenty-Six Count Federal Health Care Fraud IndictmentRead the Press Release
A doctor has been charged with committing health care fraud out of her practice in Stuart, Florida.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG), Miami Regional Office, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Pam Bondi, Florida Attorney General (Florida Medicaid Fraud Control Unit), made the announcement.
Sheetal Kanar Kumar, M.D., 48, of Stuart, appeared in federal court and was arraigned on twenty-six counts of health care fraud (Case No. 18-14063-CR-Marra). The trial is currently set to begin in Fort Pierce on November 13, 2018, before U.S. District Judge Kenneth A. Marra.
According to the indictment, Dr. Kumar owned and operated the medical practice Advanced Healthcare for Women in Stuart, Florida. She was an obstetrician and gynecologist licensed to practice medicine. She also provided medical services treating incontinence. From at least as early as January 2014, until July 2017, Dr. Kumar submitted or caused the fraudulent submission of claims to Medicare, Medicaid and private insurance companies. The fraudulent claims sought money for specific health care benefits, items, and services that were not provided as billed. As a result of such false and fraudulent claims, Medicare, Medicaid and private insurance companies, made payments in the approximate amount of $926,802.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty in a court of law.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HHS-OIG, FBI and Florida Medicaid Fraud Control Unit in this matter. The case is being prosecuted by Assistant U.S. Attorney Daniel E. Funk.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Stow man indicted for counterfeitingRead the Press Release
Timothy G. Simms, 31, of Stow, was indicted for counterfeiting.
The indictment alleges that between July 2 and July 4, Simms did falsely make, forge, counterfeit and alter one or more obligations or other securities of the United States, with the intent to defraud.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the United States Secret Service. The case is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Statement of United States Attorney Mike Stuart Regarding the Jury's Verdict in the Trial of Former Supreme Court Justice Allen Loughry IIRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
“Today is an important day for the people of West Virginia. The jury has rendered judgment on Justice Loughry. The jury has confirmed that a Justice on the state’s highest court - – Justice Allen Loughry - is guilty of numerous and serious federal crimes, including witness tampering and lying to a federal agent.
As I stated at the outset of this matter, public corruption is a cancer that erodes public confidence and undermines the Rule of Law. This is not a sad day for West Virginia but, rather, a hopeful one. The system worked. Corruption was rooted out. Confidence is restored.
I want to thank the jury and the court in this matter. There is no more solemn duty in the maintenance of liberty than that of a juror. This jury took its role seriously, was deliberate in its evaluation of the evidence, and delivered its verdict. I want to thank each of them for their patience and respect for this critically important process. I also want to thank the FBI, in particular Special Agent Jim Lafferty, the West Virginia Legislative Commission on Special Investigations, the Internal Revenue Service—Criminal Investigation Division, and Assistant United States Attorneys Philip H. Wright and Greg McVey for their tireless and excellent work in preparation for this case and their awesome work during trial. In addition, I want to thank my entire team for their contributions to this case including the work on this matter by former AUSA’s L. Anna Forbes and Eric Bacaj.
Today, with the verdict rendered by the jury, it is my sincere hope that our citizens can again have confidence that the law matters and that public officials who have lost their way will be held accountable. The people of West Virginia have worked too hard and too long to tolerate misconduct that strikes at the heart of the public’s trust by their elected officials. I intend to do all that I can to ensure that our citizens have the honest government they deserve.
I also want to offer prayers to Justice Loughry and the Loughry family. This is a difficult day. The jury rendered its verdict. He is held accountable but that doesn’t change the earnestness and sincerity for my offer of prayers in this matter.
Today’s verdict is a serious defeat for public corruption and those that abuse the public trust. Today’s verdict is a victory for the people of West Virginia and honest government.”
FBI Special Agent in Charge Robert Jones of the Pittsburgh Field Office added:
"No matter the level or the people involved, public corruption will not be tolerated in our communities," said FBI Pittsburgh Special Agent in Charge Robert Jones. "Just like everyone else, a judge needs to follow the law. The FBI will continue to hold accountable those who betray the public's trust."
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Statement of United States Attorney Mike Stuart Regarding the Justice Department and ATF Providing National Integrated Ballistic Information Network Equipment to WV Law EnforcementRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
“More resources for law enforcement in West Virginia. NIBIN is a potential game changer and we are excited by its potential impact for law enforcement right here in the Southern District of West Virginia. We are tremendously appreciative of ATF for its support in providing this new, expensive ballistic imaging equipment to our great state. We are prosecuting more firearms offenders than ever before and NIBIN will provide us an amazing tool for linking criminal activity and, ultimately, holding violent criminals and offenders accountable for their bad acts. Crime gun intelligence and the use of the NIBIN network will allow law enforcement to better connect shooting incidents and identify shooters. I look forward to working with ATF, all of my federal partners, and state and local law enforcement to ensure we maximize the potential of this tremendous investment in West Virginia public safety.”
For more information on the deployment of NIBIN equipment, please see the Department Of Justice press release below.
SDWVNews and USAttyStuart
FOR IMMEDIATE RELEASE
THURSDAY, OCTOBER 11, 2018
JUSTICE DEPARTMENT AND ATF NAME 22 SITES TO RECEIVE NEW NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK EQUIPMENTEvidence based forensic tool to help solve violent crime
WASHINGTON — The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the deployment of ballistic imaging equipment used by ATF’s National Integrated Ballistic Information Network (NIBIN) to 22 state and local law enforcement agencies.
"Under President Donald Trump, the Department of Justice is prosecuting more firearm offenders than ever before," Attorney General Sessions said. "Ballistics technology has given law enforcement an unprecedented ability to make connections between cases and track down dangerous criminals. Today this Department of Justice is once again investing in the 85 percent of law enforcement officers who serve at the state and local levels and we are equipping them with cutting edge technology that will lead to smarter, targeted prosecutions of the most dangerous people in their communities. I have no doubt that this equipment will help to reduce crime in America."
“Crime Gun Intelligence, including the timely use of the NIBIN network, is the cornerstone of ATF’s violent crime reduction strategy. By deploying equipment to these 22 law enforcement agencies, investigators will now receive investigative leads within 48 hours. They will have new opportunities to disrupt the shooting cycle and make our communities safer,” said ATF Deputy Director Thomas Brandon.
As the only crime gun ballistic network in the United States, NIBIN compares images of cartridge casings recovered at crime scenes and firearms recovered by law enforcement to connect shooting incidents and identify shooters. ATF’s broader Crime Gun Intelligence strategy involves multiple technologies to identify criminal shooters and uses NIBIN as a leads-generator in support of this comprehensive approach. The deployments of this NIBIN equipment will help fill gaps in the intelligence and investigative networks and allow for a more efficient processing of firearm related violent crime evidence.
There are 16 agencies receiving NIBIN equipment for the first time:
Six agencies are receiving additional equipment to enhance their successful crime gun intelligence programs:
ATF has 25 Crime Gun Intelligence Centers (CGIC) across the United States in which ATF collaborates with local police departments and federal, state, and local prosecutors. The CGICs utilize cutting-edge technology and dedicated investigative teams to disrupt shooters and identify their source of crime guns before they can commit further criminal acts.
To support local participation in the CGIC approach, the Department recently awarded $5 million under the Local Law Enforcement CGIC Integration Initiative to encourage local jurisdictions to use intelligence, technology, and community engagement to identify unlawfully used firearms and to prosecute those who commit violent crimes. The Department also awarded more than $30 million to Project Safe Neighborhoods (PSN), the centerpiece of the Department’s crime reduction efforts. Through PSN, the Department is targeting the most violent criminals in the most violent areas by utilizing policing tools like CGICs.
NIBIN is helping cities solve crimes every day. Examples of these NIBIN success stories include:
- In January 2017, an unknown suspect shot a victim at a gas station in Detroit, Michigan. Police recovered cartridge casings and entered them into NIBIN. In April 2017, an unknown suspect fatally shot a limousine driver at a gas station. NIBIN linked the two scenes, and in so doing, provided investigators the intelligence they needed to identify the shooter and remove a murderer from the streets. The shooter was sentenced to life in prison.
- Detectives in New Albany, Indiana, investigated a homicide but had no suspect, one cartridge casing, and information that led them to believe the shooter may have fled to Louisville, Kentucky. A month later, the Louisville Police Department responded to an incident where several shots had been fired inside an apartment. The firearm recovered at that scene was linked by NIBIN to the murder in New Albany. As a result, the shooter was arrested, charged with the homicide, and sentenced to 17 years in prison.
- In 2018, Cincinnati Police investigated a homicide and recovered cartridge casings from the scene, subsequently entering them into NIBIN. A month later, the Cincinnati Police stopped two suspects for driving a stolen car. During the stop, the police recovered two firearms from the car and entered them into NIBIN. NIBIN linked the guns to the murder, and after being prosecuted for the homicide, the two suspects were sentenced to 18 and 50 years in prison.
More information on NIBIN and Crime Gun Intelligence can be found here: NIBIN Fact Sheet and CGIC Fact Sheet.
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AG
18-1321
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Six Defendants Arrested in A Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging six defendants with conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. Named in the indictment are Eduardo Enrique Valdez, Edgar Pavia, Adrian Goudelock, a/k/a AD, a/k/a Ace, a/k/a Ace Boogs, Eric Young, Lance Parker, and Jai Hunter. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the superseding indictment and a previously filed complaint, an investigation began following the seizure of approximately 10 kilograms of cocaine and $259,960 in U.S. currency. On October 3, 2017, defendants Valdez, Pavia, and Goudelock met in Cleveland, OH, prior to the shipment of a bulk quantity of cocaine from El Paso, Texas, to Buffalo, NY. On October 19, 2017, Homeland Security Investigations Special Agents conducted a controlled delivery of 10 sham bricks of cocaine in Pembroke, NY, which resulted in the federal arrest of defendant Valdez.
In July 2018, investigators intercepted wire and electronic communications between defendants Pavia and Goudelock through court-authorized wiretaps. Intercepted calls and messages revealed that a bulk shipment of cocaine was to be imminently delivered to Goudelock in the Buffalo area. Goudelock was also expected to provide bulk drug proceeds. In a conversation on July 25, 2018, Pavia informed Goudelock that he would be receiving 17 kilograms of cocaine.
That same day, law enforcement officers seized approximately 17 kilograms of cocaine from defendant Lance Parker during the execution of a search warrant. Law enforcement officers also searched a tractor trailer, driven by defendant Young, located on Slade Avenue in West Seneca, NY and recovered 52 shrink-wrapped and taped bundles of currency, predominantly in $10,000 bundles. In total, $519,580 in U.S. currency was seized from a bag. Officers also located a hidden compartment in the rear wall of the sleeper area of the tractor cab and recovered three plastic wrapped packages of bulk US currency totaling over $145,000.
In September 2018, investigators intercepted another series of wire and electronic communications between defendants Pavia and Goudelock discussing the shipment of another 20 kilograms of cocaine, which led to their arrests.
Today’s superseding indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Shelton Man Pleads Guilty to Distributing XanaxRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that KAMIL GOLEBIOWSKI, 27, of Shelton, waived his right to be indicted and pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to one count of distribution of alprazolam, also known as Xanax.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on July 9, 2017, the Seymour Police Department and emergency medical personnel responded to a report of a suspected overdose at a residence in Seymour. At the residence, medical personnel pronounced a 29-year-old male deceased. Investigators seized drug and non-drug evidence from the scene, including the victim’s cell phone.
The State of Connecticut Chief Medical Examiner determined the victim’s cause of death to be acute intoxication due to the combined effects of cocaine, etizolam, fentanyl, flubromazolam and heroin.
Analysis of the victim’s cell phone identified two individuals who purchased heroin and what they believed to be Xanax pills for the victim shortly before the victim died. GOLEBIOWSKI was subsequently identified as a source of supply for Xanax pills.
Between August 2017 and May 2018, investigators made multiple controlled purchases of Xanax pills from GOLEBIOWSKI. Analysis of the pills revealed that some of them were counterfeit. In early June 2018, investigators intercepted two packages mailed from Canada and addressed to GOLEBIOWSKI. The packages contained approximately 1,400 counterfeit Xanax pills.
GOLEBIOWSKI was arrested on June 19, 2018.
Judge Hall scheduled sentencing for January 4, 2019, at which time GOLEBIOWSKI faces a maximum term of imprisonment of five years.
GOLEBIOWSKI is released on a $300,000 bond pending sentencing.
This matter has been investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, Shelton Police Department and Seymour Police Department, with the assistance of Homeland Security Investigations and U.S. Customs and Border Protection. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Ringleader of Fraud Conspiracy Sentenced to 14 YearsRead the Press Release
ALEXANDRIA, Va. – A Maryland man was sentenced today to 14 years in prison for masterminding a fraudulent scheme that exploited the identities of at least 124 victims and caused over $870,000 in losses in less than two years.
According to court documents, Michael Oginni, 46, of Rockville, perpetrated fraud for over 20 years, using violence to exert control over his underlings. His schemes evolved from simple credit card fraud to a sophisticated operation designed to outsmart security features that the United States banking system had adopted, such as microchip-embedded credit cards. He was convicted of fraud-related offenses in the United Kingdom in the 1990s and advanced his criminal schemes in the United States after relocating to this country in 2007.
From 2015 to 2017, Oginni ran a conspiracy that exploited the identities of victims throughout the United States. Oginni ordered custom-made counterfeit drivers’ licenses bearing the photographs of his co-conspirators and the real information of his victims, including their real dates of birth and addresses. Then, he directed his co-conspirators to enter into fraudulent apartment leases in the Washington, D.C. area using those victims’ identities. The members of the conspiracy used the “new addresses” of their victims to receive important mail: debit and credit cards that he and his co-conspirators had applied for in the names of their victims. From there, Oginni and his co-conspirators wreaked havoc on the credit of their victims, racking up hundreds of thousands of dollars in fraudulent charges for luxury goods and gift cards, and making high-interest transfers from credit accounts to debit accounts. Oginni used the fraudulent income to finance a lavish lifestyle, frequently entertaining escorts and making purchases of luxury goods.
Oginni’s co-conspirators, Lacola Nickens (1:17-cr-208), Andraliesha Jefferson (1:17-cr-92), and Robert McCrickard (1:17-cr-51), were each convicted and sentenced earlier this year.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorneys Laura Fong, Alexander P. Berrang, and Maya D. Song prosecuted the case.
Some of the charges were initially brought by the U.S. Attorney’s Office for the Southern District of Ohio.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-172 and Case No. 1:18-cr-231.
Rhode Island Man Charged with Illegal Possession of FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Salvador Rodrigues, 21, of Pawtucket, Rhode Island, was charged by criminal complaint in U.S. District Court with being a felon in possession of firearms.
According to the criminal complaint, between May 12 and August 23, the defendant illegally possessed five pistols. He was prohibited from possessing them because on May 4, he was convicted in Rhode Island of felony possession of a pistol without a license and a felony drug offense.
The defendant faces up to 10 years in prison, a $250,000 fine, and up to three years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pawtucket Police Department. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Rhode Island Man Charged in Maine with Illegal Possession of FirearmsRead the Press Release
Portland, Maine: United States Attorney for the District of Maine Halsey B. Frank announced that Salvador Rodrigues, 21, of Pawtucket, Rhode Island, was charged by criminal complaint in U.S. District Court in the District of Maine with being a felon in possession of firearms.
According to the criminal complaint, between May 12 and August 23, the defendant illegally possessed five pistols. He was prohibited from possessing them because on May 4, he was convicted in Rhode Island of felony possession of a pistol without a license and a felony drug offense.
The defendant faces up to 10 years in prison, a $250,000 fine, and up to three years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pawtucket Police Department. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
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Restaurant Owner Pleads Guilty to Tax Evasion and Employing Illegal AliensRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Sergio Ramses Mucino, 44, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to tax evasion and conspiracy to unlawfully employ more than ten aliens during any 12-month period. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the defendant owned and operated multiple restaurants in the Western New York area, including: Don Tequila, located at 73 Allen Street, Buffalo; El Agave located at 3870 Union Road, Cheektowaga, NY; Agave, located at 765 Elmwood Avenue, Buffalo; and La Divina, located at 2896 Delaware Avenue, Kenmore, NY.
For the tax years 2013, 2014, and 2015, Mucino owed substantial federal income tax as a result of income generated at the his restaurants through his employment of illegal aliens. However, the defendant concealed cash payments, failed to collect payroll taxes, paid employees with cash, and placed assets in the names of others, to evade payment of income taxes totaling $1,006,161.
Between March of 2014 and October 16, 2016, Mucino, along with co-defendants Jose Sanchez-Ocampo and Marguin Sanchez, conspired to hire at least 10 illegal aliens to work in the defendant’s restaurants. In furtherance of the conspiracy, Mucino provided money to Sanchez to purchase homes where the alien employees would live, including 149 North End in Kenmore, and 4024 Union Road in Cheektowaga. The defendant also paid rent for nine apartments where the alien employees lived. The two houses and nine apartments were within close proximity to the defendant’s restaurants.
Today’s plea also requires Mucino to forfeit nearly $40,000 in cash that was seized from his restaurants, a 2009 Porsche Boxster that the defendant purchased with his illegal profits, and another $1,000,000 representing additional profits made from operating the restaurants against the laws of the United States. Previously, another $35,000 in cash was forfeited by managers of Mucino’s restaurants and the two houses, which housed some of the illegal workers.
“As with the Internal Revenue Code, compliance with the immigration law is not an optional endeavor,” noted U.S. Attorney Kennedy. “My Office will continue vigorously to enforce the law where, as here, individuals seek to evade their legal obligations in order to elevate their financial aspirations.”
“Criminal charges and fines are among the useful tools to ensure employers maintain a legal workforce,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “This guilty plea represents HSI's firm commitment to holding employers accountable, and the serious consequences that await those who ignore the law.”
Jose Sanchez-Ocampo and Marguin Sanchez were previously convicted.
Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in- Charge Kevin Kelly, the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the New York State Department of Taxation and Finance.
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Reisterstown Man Sentenced to 25 Years in Federal Prison for Traveling to the Philippines to Have Sex with a Minor, Which he Videotaped and Transported Back to the United StatesRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Martin Hall, age 56, of Reisterstown, Maryland, today to 25 years in prison, followed by lifetime supervised release, for traveling from the United States to the Philippines to engage in illicit sexual conduct with a minor, and for producing child pornography with the intent to transport it to the United States. Judge Hollander also ordered that Hall must pay $125,000 in restitution to the victims, and upon his release from prison, Hall must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Terrence B. Sheridan of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
U.S. Attorney Robert K. Hur stated, “As this case demonstrates, children are cruelly and sexually abused to produce child pornography. Martin Hall traveled to the Philippines to abuse minors, filmed the abuse, and brought those images back to the U.S. We prosecute these crimes without the children having to testify because we have photo and video evidence of the crimes. This sentence, which includes restitution to the victims, sends a strong message that we will bring these criminals to justice to try to save even more children from becoming victims, and to help child victims recover.”
“Time and again we see these egregious offenders believe that they may hide their crimes across international borders or in the depths of cyberspace. Time and again, our investigators disprove such a notion, find these offenders and bring them before our justice system to face the consequences,” said Acting Special Agent in Charge Cardell T. Morant. “While we cannot undo the harm and trauma Martin Hall has inflicted, I am pleased with today’s announcement knowing that the just burden of his crimes will weigh heavily on him.”
According to his plea agreement, Hall traveled to the Philippines for the purpose of engaging in illicit sexual activity with minor girls. Hall’s conduct included engaging in sexual acts with minors, producing images of the minors engaging in sexually explicit conduct, and transporting the images back to Maryland. Hall began traveling to the Philippines in 2006 to engage in sexual conduct with, a sixteen-year-old girl. During Hall’s travels to the Philippines, he admitted that he also produced images of two other girls, Jane Doe 1 and Jane Doe 2, engaged in sexually explicit conduct, beginning when each girl was as young as 12 years old.
Specifically, as detailed in his plea agreement, from April through August 2016, Hall traveled to the Philippines to have sex with Jane Doe 1, who was then 14 years old, and produced images documenting his sexual abuse of the girl. Hall transported these images back to the United States. Additionally, Hall used sophisticated computer programs to download and store thousands of images and videos of child pornography on various digital devices in his residence, including the images of Jane Doe 1. Hall used encryption software on all of his digital devices to prevent others from accessing his files.
After observing Hall request child pornography using a file-sharing program, investigators from the Baltimore County Police Department obtain a search warrant and searched Hall’s residence on September 7, 2016. Investigators seized Hall’s computer equipment and digital camera. At the time of the execution of the warrant, Hall’s laptop and external hard drive were turned on and in an unencrypted state. During an on-scene forensic examination of the laptop and connected external hard drive, investigators discovered approximately 8,000 images relating to child exploitation. The device became encrypted during the forensic examination, but not before investigators had copied more than 4,600 image files, most of which are child pornography. The copied images included the series of sexually explicit images of Jane Doe 1 captured by Hall between April and August 2016.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur and Assistant Attorney General Brian A. Benczkowski commended the FBI, HSI-Baltimore, the Baltimore County Police Department, and the Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Hur and Mr. Benczkowski thanked Assistant U.S. Attorney Paul E. Budlow and Trial Attorney Kaylynn Shoop of the Criminal Division’s Child Exploitation and Obscenity Section, who prosecuted the federal case.
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Red Lake Woman Sentenced to 42 Months in Prison for Involuntary ManslaughterRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of CHELSEA MARIE DESERLY, 30, to 42 months in prison for involuntary manslaughter resulting from a drunk driving crash. DESERLY, who pleaded guilty on May 3, 2018, to one count of involuntary manslaughter, was sentenced today before Judge Wilhelmina M. Wright in U.S. District Court in Bemidji, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on May 16, 2015, DESERLY was driving a pickup truck while under the influence of alcohol. DESERLY was unable to keep the pickup on the roadway and rolled the vehicle into a ditch, ejecting the victim from the vehicle. DESERLY had a blood alcohol concentration of .198.
This case was the result of an investigation conducted by the Red Lake Police Department and the FBI Headwaters Safe Trails Task Force.
Assistant United States Attorney Clifford B. Wardlaw prosecuted the case.
Defendant Information:
CHELSEA MARIE DESERLY, 30
Red Lake, Minn.
Convicted:
- Involuntary manslaughter, 1 count
Sentenced:
- 42 months in prison
- Three years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Pennsylvania Return Preparer Convicted of Filing False Returns and ConspiracyRead the Press Release
A Yeadon, Pennsylvania man was convicted by a federal jury today in the U.S. District Court for the Eastern District of Pennsylvania of one count of conspiring to defraud the United States by filing false tax returns and preparing false tax returns that generated inflated refunds for his clients and 11 counts of aiding and assisting in the filing of false tax returns announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney William M. McSwain.
According to court documents and evidence presented at trial, Deron Joe co-owned and operated a tax return preparation business. From 2007 through 2010, Joe along with his co-conspirator co-owned a tax return preparation business that prepared tax returns for clients which claimed false business expenses and other false deductions. Joe made up false Forms 2106, Unreimbursed Employee Business Expenses, and placed the false deductions on the tax returns to inflate clients’ refunds by thousands of dollars. Joe prepared false tax returns with inflated refunds in order to grow his tax preparation business.
U.S. District Judge Petrese B. Tucker for the Eastern District of Pennsylvania set sentencing for January 3, 2019. The defendant faces a statutory maximum possible sentence of 36 years in prison and a maximum fine of $1.35 million for all counts.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney McSwain commended agents of the Internal Revenue Service Criminal Investigation, who investigated the case, and Department of Justice Tax Division Trial Attorneys Christopher P. O’Donnell and Kathryn D. Sparks, who prosecuted the case.